3* 


UC-NRLF 


ED    hfll 


GIFT   OF 


STATE   PROPERTY 

To  be  delivered  to  Successor  in  Office 

or  School 


STATE  OF  NEVADA 


The  School 
Law- 1901 


Compiled  by  the 

Superintendent  of  Public  Instruction 

May,  J90J 


Printed  at  the 

State  Printing  Office,  Carson  City 

Andrew, Maute,  State  Printer 


8  far   f 


•v 

n  lie 


\ 


SCHOOL  OFFICERS  OF  NEVADA. 


SUPERINTENDENT   OF  PUBLIC   INSTRUCTION: 
ORVIS  RING  . - Carson  City 

STATE    BOARD    OF   EDUCATION: 

His  Excellency  REINHOLD  SADLER,  President Carson  City 

Dr.  J.  E.  STUBBS,  President  of  the  State  University Reno 

ORVIS  RING,  Superintendent  of  Public  Instruction,  Secretary Carson  City 

REGENTS   OF   THE   STATE   UNIVERSITY: 

Hon.  J.  N.  EVANS,  President Reno 

Hon.  W.  E.  F.  DEAL Virginia  City 

Hon.  W.  W.  BOOHER Elko 

Mr.  GEORGE  H.  TAYLOR,  Secretary  of  the  Board Reno 

PRESIDENT   OF   THE   STATE   UNIVERSITY: 
J.  E.  STUBBS,  M.A.,  LL.D.,  D.D Reno 

COUNTY   SCHOOL   OFFICERS: 


County. 

Superintendent. 

Postoffice. 

Churchill 

W.  C.  Grimes 

Stillwater 

Douglas 

D.  W.  Virgin 

Genoa 

Elko 

C.  B  Henderson 

Elko 

Esmeralda  ___ 

Geo.  S.  Green         _  _      __  ._ 

.  Hawthorne 

Eureka  

Peter  Breen 

Eureka 

Hurnboldt.     __  _._  

Bert  L.  Hood 

Winnemucca 

Lander    ._     

A.  J.  Maestretti 

Austin 

Lincoln  

Annie  B.  Clinton 

Pioche 

Lyon  _. 

F.  W.  Downey 

Dayton 

Nye 

T.  L.  Oddie 

Belmont 

Orrnsby  

E.  E.  Roberts 

Carson  City 

Storev--  _-        

George  D.  Pyne 

Virginia  City 

Washoe 

W.  H.  A.  Pike 

Reno 

White  Pine     

A.  T.  Stearns 

Elv 

381706 


SCHOOL  LAWS  OF  NEVADA. 


Compiled  May,  1901. 


ARTICLE   I. 

STATE   BOARD   OF   EDUCATION. 

[Statutes  1895,  p.  81.] 

SECTION  1.     The  State  Board  of  Education  shall  consist  of 
the  Governor,  the  State  Superintendent  of  Public  Instruction,  Educaton. 
and  the  President  of  the  University. 

SEC.  2.     The  Governor  is  the  President,  and  the  Superin-  £®jj™d 
tendent  of  Public  Instruction  the  Secretary  of  the  Board. 

SEC.  3.     The  Board  shall  meet  at  the  call  of  the  Secretary,  Time  of 
but  shall  hold  at  least  two  meetings  a  year. 

SEC.  4.     The  powers  and  duties  of  the  Board  shall  be  as 
follows : 

First — To  recommend  to  the  Legislature  a  series  of  text  Duties  of 
books  in  reading,  writing,  spelling,  arithmetic,  grammar,  geog-  location, 
raphy,  history  of  the  United  States,  physiology,  drawing  and 
language  to  be  adopted  for  use  in  all  public  schools  in  the  Legislature 
State;  and  no  school  district  shall  be  entitled  to  receive  its  uniform" 
pro  rata  of  the  public  school  money  unless  such  text  books  Je0r0^sof  text 
are  used  as  shall  have  been  adopted  by  an  Act  of  the  Legis- 
lature.    Special  prominence   shall   be   given   in   all   public 
schools  to  the  effect  of  alcoholic  stimulants  and  of  narcotics  Alcoholic 
upon  the  human  system.     For  the  schools  in  which  the  Trus- 8timulants- 
tees  may  direct  instruction  to  be  given  in  additional  branches 
there  shall  also  be  prescribed  by  the  State  Board  of  Educa- 
tion, text  books  in   algebra,  geometry,  physics,  astronomy,  other  text 
physical   geography,   chemistry,  Latin,   rhetoric,   literature, books- 
English  history,  general  history,  civics,  geology,  bookkeep- 
ing and  music. 

Second — To  adopt  a  uniform  system  of  rules  for  State  and  uniform  ex- 

,.  A  aminations 

county  examinations. 

Third — To  prescribe  and  cause  to  be  adopted  the  course  of  course  of 
study  in  the  public  schools. 

Fourth — To  recommend  a  list  of  books  for  district  libraries.  Empowered 
Fifth — To  grant,  first,  life  diplomas;   second,  State  educa-  certain1* 
tional  diplomas,  valid  for  six  years;  third,  State  high  school  diPloma8- 
certificates,  unlimited  to  those  graduates  from  the  school  of 
Liberal  Arts  of  the  Nevada  State  University  who  have  elected 
at  least  two  University  courses  in  pedagogics;   fourth,  State 


X^I'/OL    LAWS   OF   NEVADA. 


Proviso. 


Second 

temporary 

certificate. 


To  revoke 
diploma. 


Printing. 


Seal. 


Proceedings 
published. 


State 

educational 

diplomas. 


Life 
diplomas. 


Graduates  of 
Nevada  State 
Normal 
School. 


'  certificates,  valid  for  five  years,  to  graduates  of 
Nevada  State  Dermal  School  who  have  completed  the 
four  years'  course  of  study;  fifth,  State  grammar  school  cer- 
tificates, valid  for  five  years,  to  graduates  of  the  Nevada 
State  Normal  School,  who  have  completed  the  three  years' 
course  of  study;  sixth,  to  issue,  upon  satisfactory  showing,  a 
temporary  certificate,  which  shall  authorize  the  holder  thereof 
to  teach  in  the  specified  district  for  which  the  temporary  cer- 
tificate may  be  granted.  This  certificate  shall  not  continue 
in  force  beyond  the  next  semi-annual  examination  after  the 
issuing  of  said  certificate;  provided,  however,  that  if  satis- 
factory evidence  is  furnished  of  the  inability  of  such  holder 
to  attend  the  said  examination,  by  reason  of  sickness,  or 
other  unavoidable  cause,  the  Board  may  issue  at  their  dis- 
cretion a  second  temporary  certificate. 

Sixth — To  revoke  for  immoral  conduct,  or  evident  unfit- 
ness  for  teaching,  any  State  diploma  or  any  State  or  county 
certificate. 

Seventh — To  have  done  by  the  State  Printer  any  printing 
required  by  the  Board,  such  as  the  proceedings  of  the  State 
Teachers'  Institute,  circulars  of  information  to  school  officers 
or  teachers,  and  blank  forms. 

Eighth — To  adopt  and  use  in  authentication  of  its  acts  an 
official  seal. 

Ninth — To  keep  a  record  of  its  proceedings,  which  shall  be 
published  biennially  in  the  report  of  the  Superintendent  of 
Public  Instruction. 

Tenth — State  educational  diplomas  may  be  issued  to  such 
persons  only  as  have  held  a  State  certificate  of  high  school 
grade,  or  a  county  certificate  of  high  school  grade,  for  at  least 
one  year,  and  shall  furnish  satisfactory  evidence  of  having 
been  engaged  successfully  in  teaching  at  least  forty-five 
months  in  the  public  schools,  twenty  months  of  which  must 
have  been  in  Nevada.  Every  application  for  an  educational 
diploma  must  be  accompanied  by  a  certified  copy  of  a  reso- 
lution adopted  by  the  Board  of  School  Trustees  of  the  district 
in  which  the  applicant  has  taught  one  year.  An  educational 
diploma  shall  entitle  the  holder  thereof  to  teach  in  any  pub- 
lic school  in  the  State  of  Nevada  without  further  examination. 

Eleventh — Life  diplomas  may  be  issued  on  all  and  the 
same  conditions  as  educational  diplomas,  except  that  the 
applicant  must  furnish  satisfactory  evidence  of  having  been 
successfully  engaged  in  teaching  seventy-two  months,  twenty- 
four  of  which  must  have  been  in  Nevada.  A  life  diploma 
shall  entitle  the  holder  thereof  to  teach  in  any  school  in  the 
State  of  Nevada  without  any  further  examination. 

Twelfth — To  the  graduates  of  the  Nevada  State  Normal 
School  who  hold  State  high  school  certificates,  the  State 
Board  of  Education  shall  grant  a  life  diploma  of  high  school 
grade  when  said  graduates  shall  have  completed  at  least 
forty-five  months  of  successful  instruction  in  public  schools. 


SCHOOL   LAWS   OF   NEVADA. 

To  all  graduates  of  the  Nevada  State  Normal  School  who  Grammar 
hold  a  State  grammar  school  certificate,  the  State  Board  of 
Education  shall  grant  a  life  diploma  of  the  grammar  grade 
when  said  graduates  shall  have  completed  at  least  forty-five 
months  of  successful  instruction  in  public  schools.  The 
State  Board  of  Education  shall  also  issue  a  diploma  of  the 
grammar  grade  to  all  persons  who  hold  in  full  force  and 
effect,  and  who  have  held  for  at  least  one  year,  a  county  or 
State  certificate  of  the  grammar  grade,  and  who  shall  present 
satisfactory  evidence  of  having  been  successfully  engaged  in 
teaching  in  public  schools  for  a  period  of  seventy -two  months, 
twenty-four  of  which  must  have  been  in  the  public  schools  of 
the  State  of  Nevada.  A  grammar  grade  life  diploma  shall 
entitle  the  holder  thereof  to  teach  in  any  primary  or  gram- 
mar school  in  the  State  without  further  examination. 

Thirteenth — To  have  appellate  jurisdiction  over  all  ques-  Appellate 
tions  relating  to  schools  and  referred  to  County  Boards  of  juris 
Examination. 

Fourteenth — To  prescribe  in  what  studies  shall  be  examined  studies 
an  applicant  for  a  county  high  school  certificate  valid  for  four  ^ 
years;  an  applicant  for  a  county  grammar  school  certificate 
valid  for  three  years,  and  an  applicant  for  a  county  primary 
certificate  valid  for  two  years. 

Fifteenth — Upon  the  recommendation  of  the  County  Super-  May  renew  or 
intendent  of  the  county  in  which  the  applicant  resides,  the  Srfain  grade 
State  Board  of  Education  may  renew  a  high  school  or  gram-  certificates. 
mar  certificate,  or  make  it  valid  in  any  county  in  the  State 
of  Nevada. 

Sixteenth— Upon  presentation  to  them  of  a  life  certificate  May  grant 
of  any  State  or  of  the  diploma  of  any  State  Normal  School,  certificate  of 
the  Board  may  grant  a  State  certificate  of  equivalent  grade  e^dvealent 
without  examination,  valid  for  three  years  or  less;  provided.  Proviso, 
that  since   the   issuing  of   such  certificate   or   diploma  the 
applicant  has  been  continuously  or  successfully  engaged  in 
teaching. 

Seventeenth— Graduates  of  the  Nevada  State  Normal  School  g^Jdastati 
who  have  taught  successfully  for  the  time  specified  in  this  Normal 
Act,  on  or  before   January  1,  1900,  shall  be  entitled  to  life  ^titled, 
diplomas  of  undesignated  grade. 

Eighteenth — All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act,  are  hereby  repealed.  [As  amended  Stats.  1901,  pp.  48, 
49,  50.]  

ARTICLE   II. 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

SECTION  1.    The  Superintendent  of  Public  Instruction  shall  Election  of, 
be  elected,  by  the  qualified  voters  of  the  State,  at  the  general  pl 
election  for  State  and  county  officers,  to  be  held  in  the  year 
eighteen  hundred  and  sixty-six,  and  every  four  years  there- 
after at  such  general  elections,  and  shall  enter  upon  the  duties 


SCHOOL   LAWS  OF   NEVADA. 


Required  to 
apportion 
school 
moneys. 


To  make  a 

biennial 

report. 


To  prescribe 
forms  and 
provide 
blanks,  etc, 


of  his  office  on  the  first  Monday  of  January  next  after  his 
election.  He  shall  be  paid  a  salary  of  two  thousand  dollars 
per  annum. 

SEC.  2.  It  shall  be  the  duty  of  the  Superintendent  of  Public 
Instruction,  subject  to  the  supervision  of  the  State  Board  of 
Education,  immediately  after  the  State  Controller  shall  have 
made  his  semi-annual  report  as  hereinafter  required,  to  appor- 
tion to  the  several  counties  the  amount  of  school  money  in 
the  State  Treasury  to  which  each  shall  be  entitled  under  the 
provisions  of  this  Act,  in  proportion  to  the  number  of  persons 
between  the  ages  of  six  and  eighteen  years  residing  therein, 
as  shown  by  the  last  previous  reports  of  the  County  Super- 
intendents, and  to  furnish  to  the  State  Controller,  to  each 
County  Treasurer,  to  each  County  Auditor,  and  to  each 
County  Superintendent  an  abstract  of  such  apportionment, 
and  with  such  apportionment  to  furnish  each  County  Treas- 
urer his  order  on  the  State  Controller,  under  the  seal  of  the 
State  Board  of  Education,  for  the  amount  of  school  moneys 
in  the  State  Treasury  to  which  such  counties  shall  be  entitled, 
and  to  take  such  County  Treasurer's  receipt  for  the  same. 
-  SEC.  3.  The  Superintendent  of  Public  Instruction  shall 
report  to  the  Governor,  biennially,  on  or  before  the  first  of 
December  of  the  years  preceding  the  regular  session  of  the 
Legislature.  The  Governor  shall  transmit  said  report  to  the 
Legislature;  and  whenever  it  is  ordered  published,  the  State 
Printer  shall  deliver  two  hundred  and  fifty  copies  to  the  Super- 
intendent, who  shall  distribute  the  same  among  school  officers 
of  the  State  and  of  the  United  States.  Said  report  shall  con- 
tain a  full  statement  of  the  condition  of  public  instruction 
in  the  State;  a  statement  of  the  condition  and  amount  of  all 
funds  and  property  appropriated  to  the  purpose  of  educa- 
tion; the  number  and  grade  of  schools  in  each  county;  the 
number  of  children  in  each  county  between  the  ages  of  six  and 
eighteen  years;  the  number  of  such  attending  public  schools; 
the  number  of  such  attending  private  schools;  the  number 
attending  no  schools;  the  number  under  six  years  of  age;  the 
number  between  eighteen  and  twenty-one  years  of  age;  the 
amount  of  public  school  moneys  apportioned  to  each  county; 
the  amount  of  money  raised  by  county  taxation,  district  tax, 
rate  bills,  subscription  or  otherwise,  by  any  city,  town,  district 
or  county,  for  the  support  of  schools  therein;  the  amount  of 
money  raised  for  building  school  houses;  a  statement  of 
plans  for  the  management  and  improvement  of  public 
schools;  and  such  other  information  relative  to  the  educa- 
tional interests  of  the  State  as  he  may  think  of  importance. 

SEC.  4.  The  Superintendent  of  Public  Instruction  shall 
prescribe  suitable  forms  and  regulations  for  making  all  reports 
and  conducting  all  necessary  proceedings  under  this  Act,  and 
shall  cause  the  same,  with  such  instructions  as  he  shall  deem 
necessary  and  proper  for  the  organization  and  government  of 
schools,  to  be  transmitted  to  the  local  school  officers,  who 


SCHOOL   LAWS   OF   NEVADA.  9 

shall  be  governed  in  accordance  therewith.  He  shall  pre- 
pare a  convenient  form  of  school  register  for  the  purpose  of 
securing  more  accurate  returns  from  teachers  of  public 
schools,  and  shall  furnish  each  County  Superintendent  with 
a  number  sufficient  to  supply  at  least  one  copy  thereof  to 
each  district  or  school  of  such  county.  He  shall  prepare 
pamphlet  copies  of  the  school  law  and  all  amendments 
thereto,  and  shall  transmit  a  number  of  the  same  to  the 
County  Superintendent,  sufficient  to  supply  each  and  every 
School  Trustee,  School  Marshal  and  school  teacher  with  at 
least  one  copy  of  the  same. 

SEC.  5.  It  shall  be  the  duty  of  the  Superintendent  of  TO  visit  each 
Public  Instruction  to  visit  each  county  in  the  State  at  least  sta?e.yinth 
once  in  each  year  for  the  purpose  of  visiting  schools,  of  con- 
sulting County  Superintendents,  of  lecturing  and.  addressing 
public  assemblies  on  subjects  pertaining  to  public  schools; 
and  the  actual  traveling  expenses  incurred  by  the  Superin- 
tendent in  the  discharge  of  this  duty  shall  be  allowed,  audited 
and  paid  out  of  the  General  Fund  in  the  same  manner  as 
claims  upon  said  fund  are  now  allowed,  audited  and  paid; 
provided,  that  the  sum  so  expended  in  any  one  year  shall  not 
exceed  one  thousand  dollars. 

SEC.  6.     The  Superintendent  of  Public  Instruction  shall,  TO  deliver 
at   the   expiration    of   his   term   of   office,   deliver   over,  on  offlce  effects- 
demand,  to  his  successor,  all  property  and  effects  belonging 
to  his  office,  and  take  his  receipt  for  the  same. 


n 


ARTICLE   III. 

EX   OFFICIO   COUNTY   SUPERINTENDENT    OF   PUBLIC    SCHOOLS. 

SECTION  1.     On  and  after  the  first  Monday  in  January,  A.  District 
D.  eighteen  hundred  and  eighty-nine,  the  District  Attorneys, 
in  addition  to  their  respective  duties,  shall  be  ex  officio  Super- 
intendent  of  Schools  within  their  respective  counties,  without  entse 
additional  compensation.     [As  amended  Stats.  1887,  p.  73.J 

In  Lyon  county  the  County  Recorder,  as  ex  officio  County  Auditor, 
shall  also  be  ex  officio  Superintendent  of  Public  Schools.  [As  amended 
Stats.  1891,  p.  53.] 

SEC.  2.     It  shall  be  the  duty  of  the  County  Superintendent  TO  apportion 
of  Public  Schools,  upon    receiving  notice   from  the    County 
Treasurer  and  County  Auditor,  as  provided  in  this  Act,  to 
apportion  the  public  school  moneys  in  the  county  treasury 
among  the  several  school  districts  of  his  county  as  follows: 

First  —  He  must  ascertain  the  number  of  teachers  each  dis- 
trict is  entitled  to,  by  calculating  one  teacher  for  every 
seventy-five  census  children  or  fraction  thereof,  as  shown  by 
the  next  preceding  school  census. 

Second  —  He  must  ascertain  the  total  number  of  teachers 
for  the  county  by  adding  together  the  number  of  teachers 
2 


10 


SCHOOL   LAWS   OF   NEVADA. 


First 

Monday  in 
January. 


Duties  of 


ent. 


assigned  to  the  several  districts,  upon  the  basis  of  one  teacher 
to  each  seventy-five  census  children  or  fraction  thereof. 

Third — Forty  per  cent  of  the  amount  of  the  apportionment 
from  the  State  and  County  School  Fund  shall  be  apportioned 
equally  to  each  district  for  every  teacher  assigned  it,  upon 
the  basis  of  seventy-five  census  children  or  fraction  thereof. 

Fourth — All  school  moneys  remaining  on  hand  after  appor- 
tioning forty  per  cent  of  the  State  and  county  apportionment 
equally  to  each  district  for  every  teacher  assigned  it,  upon 
the  basis  of  seventy-five  census  children  or  fraction  thereof, 
must  be  apportioned  to  the  several  districts  in  proportion  to 
the  number  of  children  between  the  ages  of  six  and  eighteen 
years,  as  returned  by  the  School  Trustees  and  Census  Mar- 
shals, and  to  forthwith  notify  the  County  Treasurer,  County 
Auditor  and  the  School  Trustees,  in  writing,  of  such  appor- 
tionment in  detail.  He  shall  make  such  apportionment  on 
the  first  Monday  in  January  of  each  year,  and  quarterly 
thereafter.  He  shall  have  power,  and  it  shall  be  his  duty,  to 
draw  his  order  on  the  County  Auditor  in  favor  of  the  Trus- 
tees of  any  school  districts  in  his  county  for  any  bill  signed 
by  said  Trustees,  and  authorized  by  this  Act;  provided,  that 
such  order  shall  not  be  drawn  except  upon  presentation  of 
an  itemized  account,  which  shall  remain  on  file  in  his  office, 
and  until  full  and  correct  returns  have  been  made  to  him  as 
required  by  law;  and  provided,  further,  that  if,  in  the  opinion 
of  the  Superintendent,  any  bill  contains  an  exorbitant  or 
unwarranted  charge,  he  may  refuse  to  draw  his  order  until 
ordered  to  do  so  by  the  Board  of  County  Commissioners,  who 
shall  act  as  auditors  upon  all  bills  rejected  by  the  County 
Superintendent.  No  order  shall  be  drawn  in  favor  of  any 
school  district  by  the  County  Superintendent  upon  the  Aud- 
itor unless  there  be  cash  in  the  treasury  at  the  time  to  the 
credit  of  said  district.  It  shall  be  the  duty  of  the  County 
Auditor  to  draw  his  warrant  upon  the  County  Treasurer  for 
the  amount  of  any  such  order  of  the  County  Superintendent 
upon  the  presentation  of  the  same  to  him,  if  there  be  cash 
in  the  treasury  to  the  credit  of  the  particular  fund  on  which 
he  is  called  upon  to  draw.  No  charge  for  issuing  said  war- 
rant shall  be  made  by  the  County  Auditor.  [As  amended 
Stats.  1889,  p.  38.] 

SEC.  3.  The  County  Superintendent  shall  have  power,  and 
it  shall  be  his  duty: 

First — To  visit  each  public  school  in  his  county  within  ten 
miles  of  the  county  seat,  at  least  once  in  each  term;  provided, 
.  that  he  shall  visit  all  the  schools  in  his  county  once  in  each 
year;  to  exercise  a  general  supervision  over  the  interests  of 
the  public  schools  in  his  county,  and  give  to  the  School 
Trustees,  Marshals  and  teachers  such  aid  as  may  be  important 
to  the  prosperity  of  the  schools. 

Second — To  distribute  promptly  such  blanks,  reports, 
forms,  laws  and  instructions  as  shall  be  received  by  him  from 


SCHOOL   LAWS   OF   NE^^^^/ 

the  Superintendent  of  Public  Instruction  for  the  use  of  School 
Trustees,  Marshals  and  teachers,  and  any  other  officers 
entitled  to  receive  the  same. 

Third — To  keep  on  file  in  his  office  the  reports  of  the  School 
Trustees,  Marshals  and  teachers  received  by  him,  and  to 
record  all  his  official  acts  in  a  book  to  be  provided  for  that 
purpose,  and  at  the  close  of  his  official  term  to  deliver  to  his 
successor  such  records,  and  all  documents,  books  and  papers 
belonging  to  his  office,  and  to  take  duplicate  receipts  for  the 
same,  which  shall  be  filed  in  the  office  of  the  County  Treas- 
urer and  the  County  Auditor. 

Fourth — To  make  a  full  report,  annually,  on  or  before  the 
fifteenth  day  of  September  for  the  school  year  ending  on  the 
last  day  of  August  next  previous  thereto,  to  the  Superin- 
tendent of  Public  Instruction;  such  report  to  include  an 
abstract  of  all  the  various  annual  reports  of  the  City  Boards 
of  Education,  School  Trustees,  Marshals  and  teachers,  by  law 
required  to  be  made  to  the  County  Superintendents  for  the 
previous  school  year. 

Fifth — To  preside  over,  regulate  and  conduct  all  County 
Teachers'  Institutes  which  may  be  called  under  the  provisions 
of  the  section  of  this  Act  providing  for  the  calling  of  such 
institutes. 

Sixth — To  appoint  School  Trustees  in  all  the  districts  in 
which  the  qualified  voters  fail  to  elect,  and  to  fill  by  appoint- 
ment all  vacancies  occurring  in  said  office. 

Seventh — To  draw  his  orders  on  the  County  Auditor  in  favor 
of  the  Board  of  Trustees  for  warrants  on  the  County  Treasurer 
for  the  purchase  of  school  books  which  may  be  furnished  by 
said  Trustees  to  indigent  children  of  the  district,  making  the 
same  payable  out  of  the  county  school  moneys  apportioned 
to  such  districts. 

SEC.  4.  If  the  County  Superintendent  fails  to  make  a  full 
and  correct  report  to  the  Superintendent  of  Public  Instruction 
of  all  statements  required  to  be  made  by  law,  he  shall  forfeit 
the  sum  of  two  hundred  dollars  from  his  salary;  and  the 
Board  of  Commissioners  are  hereby  authorized  and  required 
to  deduct  therefrom  the  sum  aforesaid,  upon  information  from 
the  Superintendent  of  Public  Instruction  that  such  returns 
have  not  been  made;  and  in  case  said  Superintendent  remain 
delinquent  for  a  period  of  two  months,  it  shall  be  the  duty  of 
the  State  Superintendent  of  Public  Instruction  to  give  notice 
to  the  Board  of  County  Commissioners  of  such  county  of  the 
removal  from  office  of  said  delinquent  and  the  appointment 
of  some  other  person  to  fill  the  vacancy. 

SEC.  5.     He  may  appoint  a  deputy,  who  shall  have  authority  Deputy 
to  transact  all  the  business  of  the  office  during  the  absence  or  allowed- 
inability  of   the  Superintendent;  provided,  that  the  county 
shall  not  be  responsible  for  the  payment  of  the  salary  of  such 
deputy.     He  shall,  in  person  or  by  deputy,  attend  to  his  office 
during  business  hours  of  Saturday  of  each  week,  for  the  pur- 


12 


SCHOOL    LAWS    OF    NEVADA. 


one  school 


Sf 


districts. 


county 
entptomt'    *' 


pose  of  drawing  warrants  and  the  transaction  of  other  official 
business. 

ARTICLE   IV. 

SCHOOL   DISTRICTS. 

SECTION  1.  Each  village,  town  or  incorporated  city  of  this 
State  shall  constitute  but  one  school  district;  and  the  public 
schools  therein  shall  be  under  the  supervision  and  control  of 
the  Trustees  thereof;  provided,  in  all  such  villages,  towns 
and  cities  wherein  the  aggregate  number  of  registered  voters 
thereof,  at  the  last  previous  general  election,  exceeds  fifteen 
hundred,  there  shall  be  elected  five  (5)  instead  of  only  three 
Trustees. 

SEC.  2.  The  Board  of  County  Commissioners  of  the  several 
co-unties  of  this  State  are  hereby  authorized  and  empowered 
-  to  create  new  school  districts,  change  the  boundaries  of  school 
districts  heretofore  established,  or  abolish  the  same  whenever 
in  their  judgment  it  shall  be  for  the  best  interests  of  the 
common  schools  so  to  do;  provided,  that  the  boundaries  of 
any  school  district  shall  not  be  changed  nor  shall  any  school 
district  with  the  legal  number  of  school  children  within  said 
district  be  abolished  for  the  purpose  of  joining  or  consolidat- 
ing said  school  district  with  another  school  district  unless  a 
petition  signed  by  at  least  three-fifths  (f  )  of  the  residents 
of  said  district  be  presented  to  said  Board  of  County  Com- 
missioners praying  for  the  change  in  the  boundaries  or  for 
the  abolishment  of  said  district;  provided  further,  that  when 
a  new  school  district  is  organized  school  shall  be  commenced 
within  one  hundred  and  twenty  (120)  days  from  the  action 
of  the  Board  of  County  Commissioners  creating  such  new 
school  district,  and  if  school  shall  not  be  commenced  within 
the  said  one  hundred  and  twenty  (120)  days  in  the  said 
district,  then  such  action  shall  become  void  and  no  such  dis- 
trict shall  exist;  and  provided,  further,  that  no  district  organ- 
ized under  the  provisions  of  this  Act  after  its  passage  shall 
exceed  in  size  sixteen  (16)  miles  square.  [As  amended  Stats. 
1895,  p.  43.J 

SEC.  3.  In  any  neighborhood  or  community  containing 
not  more  than  twenty  school  census  children,  and  where  one 
school  can  accommodate  all  the  school  census  children 
therein,  although  the  most  distant  school  census  child  resides 
not  to  exceed  five  miles  from  the  school  house,  but  one  school 
shall  receive  public  school  money,  and  the  County  Superin- 
tendent of  Public  Schools  shall  decide  the  school  house  in 
which  the  school  shall  be  kept  open. 

SEC.  4.  No  school  district  shall  be  entitled  to  receive 
moneys  from  the  county  funds  unless  there  shall  be  resid- 
ing in  the  district  at  least  five  school  census  children.  [As 
amended  Stats.  1887,  p.  19.] 

SEC.  5.  No  school  district,  except  when  newly  organized, 
shall  be  entitled  to  receive  any  portion  of  the  public  school 


SCHOOL   LAWS   OF   NEVADA.  13 

moneys,  in  which  there  shall  not  have  been  taught  a  public  Must  keep 
school  for  at  least  three  months  within  the  year  ending  the  months.hree 
last  day  of   August   previous;   and  no  public  school   shall 
receive  any  moneys,  benefits  or  immunities  under  the  provis- 
ions of  this  Act,  unless  such  school  shall  have  been  instructed 
by   a   teacher    or   teachers   duly   examined,   approved    and  Teaehermust 
employed  by  legal  authority,  as  herein  provided.     When  a  be  <iualrfted- 
new  district  is  formed  by  the  division  of  an  old  one,  it  shall 
be  entitled  to  a  just  share  of  the  school  moneys  to  the  credit 
of  the  old  district,  after  the  payment  of  all  outstanding  debts 
at  the  time  when  a  school  was  actually  commenced  in  such 
new  district;   and  the  County  Superintendent  shall  divide  Funds 
and  apportion  such  remaining  money,  according  to  the  num-  dlvided- 
ber  of  census  children  resident  in  each  district,  for  which 
purpose  he  may  order  a  census  to  be  taken,  the  expenses  of 
which  shall  be  met  as  provided  in  section  thirty-two. 

JOINT    SCHOOL   DISTRICTS. 

SECTION    1.     School  districts   may  be  formed  of  parts  of  school 
two  or  more  counties;  provided,  there  are  not  in  such  part  of  SjSJdf 
either  county  the  number  of  heads  of  families  required  by  Proviso, 
law  for  the  formation  of  school  districts. 

SEC.  2.     When  the  petition  for  such  school  shall  be  granted  county com- 
arid   the  district  established,  the  County  Commissioners  of  apJoSt6™ to 
each  county  in  which  parts  of  such  district  is  located  shall  Trustees, 
appoint  three  Trustees,  two  from  the  county  having,  at  the 
time  of  such  application,  the  largest  number  of  census  chil- 
dren in  its  part  of  said  district,  their  successors  to  be  chosen  successors, 
at  the  next  general  election  on  the  same  basis.  when  chosen. 

SEC.  3.     The  County  Superintendents   of    Public   Schools  Apportion- 
of  each  county  out  of  which   such  school  districts  mav  bementof 

•  jii-i*i  mr>iif>vs 

formed,  shall  apportion  the  public  school  moneys  in  propor- 
tion to  the  number  of  census  children  of  school  age  residing 
in  such  districts  in  their  respective  counties,  as  provided  by 
law,  upon  the  basis  of  the  fractional  part  of  the  district  con- 
tained in  said  county  for  every  teacher  assigned  it,  upon  the 
basis  of  one  hundred  [seventy-five]  census  children  or  fraction 
thereof. 


moneys. 


ARTICLE   V. 

ELECTION   OF    SCHOOL   TRUSTEES. 

[Stats.  1897,  p.  100.] 

SECTION  1.     An  election  of  School  Trustees  shall  be  held  school 
in  each  school  district  in  the  State  on  the  fourth  Monday  in  3 
May,  1898,  and  every  two  years  thereafter,  and  at  such  elec- 
tions two  Trustees  shall  be  elected,  one  to  serve  two  years 
and  one  to  serve  four  years.     The  Trustees  so  elected  shall 
take  their  office  on  the  first  Monday  in  July  next  succeeding 
their  election. 

SEC.  2.     In  all  cases  where  Trustees  are  not  elected  as  pro- 


14  SCHOOL    LAWS    OF    NEVADA. 

vacancies,  vided  in  this  Act,  or  whenever  vacancies  occur,  the  Superin- 
tendent of  Public  Schools  shall  fill  such  vacancies  by  appoint- 
ment. 

SEC.  3.     All  Judges  and  Inspectors  of  Election  and  such 

Election         other  officers  as  may  be  necessary,  shall  be  appointed  by  the 

a?PCoirmted.    School   Trustees   in   each   district.     If   the  Trustees   fail    to 

appoint  the  election  officers,  or  if  they  are  not  present  at  the 

time  of  opening  the  polls,  the  electors  present  may  appoint 

them.     All  such  officers  shall  serve  without  compensation. 

SEC.  4.     The  Election  Board  shall  issue  certificates  of  elec- 

certifieates     tion  to  those  receiving  the  greatest  number  of  votes  cast  in 
on'     accordance  with  the  provisions  of  this  Act. 

SEC.  5.     Not  less  than  ten  days  before  the  election  held 

Notices  to  be  under  the  provisions  of  this  Act,  the  Trustees  in  each  district 
shall  post  notices  in  three  public  places  in  the  district,  which 
notice  shall  specify  that  there  will  be  an  election  held  at  the 
school  house  of  such  district  and  the  hours  between  which  the 
polls  will  be  kept  open.  If  the  Trustees  of  any  district  shall 
have  failed  to  post  the  notices  as  required  by  this  section, 
then  any  three  electors  of  the  district  may,  within  five  days 
of  the  day  of  election,  give  notice  of  such  election,  which 
notices  shall  be  sufficient  for  the  election  required  by  this 
Act,  and  in  such  case  no  registration  shall  be  necessary,  but 
all  the  other  provisions  of  this  Act  shall  be  enforced. 

SEC.  6.     No  person  shall  be  allowed  to  vote  at  any  school 

Qualification  election  unless  he  is  a  resident  of  the  district  and  his  name 

tor  votmg.  appears  upon  the  official  registry  list  of  the  voting  precinct 
or  precincts  including  the  district  for  the  last  preceding  gen- 
eral election;  provided,  that  any  citizen  of  the  United  States 
who  shall  have  resided  in  this  State  six  months,  and  in  the 
school  district  thirty  days  next  preceding  the  day  of  election, 
and  whose  name  is  not  upon  the  said  official  registry  list, 
may  apply  to  the  Clerk  of  the  Board  of  School  Trustees,  or 
to  a  person  authorized  by  the  Trustees  of  the  district  to  act 
as  Registry  Agent,  not  more  than  eight  nor  less  than  five  days 
prior  to  the  day  of  election,  to  have  his  name  registered. 
SEC.  7.  It  shall  be  the  duty  of  the  Clerk  of  the  Board  of 

^StrSiion  School  Trustees,  or  the  person  appointed  by  the  Board  of 
School  Trustees,  as  the  case  may  be,  to  register  any  qualified 
voter  of  the  school  district  who  may  apply  to  be  registered 
under  the  provisions  of  the  preceding  section;  provided,  that 
if  the  person  applying  to  be  registered  be  unknown  to  the 
Registry  Agent,  or  his  qualifications  for  voting  be  unknown, 
he  shall,  before  having  his  name  registered,  be  required  to 

Formof  oath  subscribe  to  the  following  oath:  You  do  solemnly  swear 
that  you  are  a  citizen  of  the  United  States;  that  you  are 
twenty-one  years  of  age;  that  you  will  have  resided  in  the 
State  six  months  and  in  this  school  district  thirty  days  next 
preceding  the  day  of  the  school  election.  False  swearing 
under  the  provisions  of  this  section  shall  be  deemed  perjury 
and  punished  as  now  provided  by  law. 


SCHOOL   LAWS   OF   NEVADA.  15 

SEC.  8.     No  person  shall  be  entitled  to  vote  under  the  pro-  List  of 
visions  of  this  Act  except  he  be  registered  as  herein  provided.  voters- 
The  Board  of  School  Trustees  shall  prepare,  or  cause  to  be 
prepared,  a  list  of  the  names  of  all  persons  entitled  to  vote 
at  the  school  election  as  herein  provided,  which  said  list  shall 
be  completed  at  least  three  days  prior  to  the  day  of  election, 
and  shall  be  under  the  charge  of  the  Clerk  of  the  Board  of 
School  Trustees  and  subject  to  the  inspection  of  any  qualified 
voter  in  the  district. 

SEC.  9.     The  Board  of  School  Trustees  in  all  school  dis-  List  of 
tricts  having  a  voting  population  of  fifty  or  more,  are  author-  prepared. be 
ized'  to  employ  a  competent  person  to  prepare  said  list  of 
qualified  voters  and  to  pay  for  the  work  out  of  the  school  fund 
of  the  district,  in  [a]  manner  as  other  claims  against  the  dis- 
trict are  allowed  and  paid,  a  reasonable  sum,  not  exceeding  compensa- 
five  cents  a  name  for  each  qualified  voter,  providing,  that  the  tionallowed- 
total  amount  to  be  allowed  shall  not  exceed  twenty  dollars. 
The  list  so  prepared  shall  be  sworn  to  by  the  person  making 
the  same  as  correct  according  to  his  best  knowledge,  informa- 
tion and  belief. 

SEC.  10.     The    list   of    qualified   voters,    as    hereinbefore  List  delivered 
described,  shall  be  delivered  to  the  Inspectors  of  Election  0? E?ecPtlon°rs 
prior  to  the  time  of  opening  the  polls  on  the  day  of  election, 
and  no  person  shall  be  entitled  to  vote  at  the  election  whose 
name  is  not  on  said  list;  provided,  that  any  person  whose 
name  is   left   off   said   list   by  mistake,  design,  accident  or 
otherwise,  may  have  his  name  placed  thereon  by  the  Inspect- 
ors of  Election  upon  satisfactory  proofs  being  presented  of 
his  having  previously  been  registered  in  accordance  with  the 
provisions  of  this  Act. 

SEC.  11.     The  voting  shall  be  by  ballot,  either  written  or  voting  shall 
printed,  and  when  two  or  more  Trustees  are  to  be  elected  for  *>e  by  ballot, 
different   terms,  the   ballots   shall   designate   such   term   as 
"long  term"  and  "short  term,"  respectively. 

SEC.  12.     In  all  school  districts  having  a  voting  popula-  Ballots,  what 
tion  of  one  hundred  or  over,  the  Board  of  School  Trustees  tc 
shall   have   printed   ballots  of   uniform  size  containing  the 
names,  in  alphabetical  order,  of  all  persons  candidates  for 
the  office  of  School  Trustees.     There  shall  be  twice  as  many  Number  of 
ballots   printed    as  there  are  voters  in  the  district,  and  no  ballots, 
ballots  other  than  those  furnished  by  the  Board  of  School 
Trustees  shall  be  voted. 

SEC.  lo.  A  person  desiring  to  vote  shall,  if  his  name  be  HOW  to  vote. 
upon  the  registry  list  as  herein  provided,  receive  from  the 
Board  of  Election  or  some  member  thereof,  and  from  no  other 
person,  a  ballot  upon  which  he  shall  designate  his  choice  for 
Trustee  or  Trustees  to  be  elected  in  the  district,  by  placing  a 
cross  thus:  X,  opposite  and  to  the  right  of  the  name  of  the 
person  for  whom  he  intends  to  vote. 

SEC.  14.     There  shall  be  placed  upon  the  ballots,  in  addi-  Ballot  can 
tion  to  the  names  of  the  candidates,  such  information  as  the  contain 


16 


SCHOOL   LAWS    OF   NEVADA. 


Allowed  at 
polls. 


Misdemeanor 


Assistance 
allowed. 


Challenges. 


Penalty. 


Candidates 
to  file  their 
names  with 
County  Clerk. 


Duty  of 
Board  of 
Election 
upon 

completion 
of  count. 


Board  of  Trustees  may  deem  necessary  to  inform  the  voter 
how  to  mark  his  ballot,  such  as:  "Place  a  cross  thus:  X, 
opposite  and  to  the  right  of  the  name  of  the  candidate  for 
whom  you  wish  to  vote,"  "vote  for  one,"  "vote  for  two,"  etc. 

SEC.  15.  No  person,  other  than  the  Board  of  Election  or  a 
police  officer  in  the  discharge  of  his  duty,  shall  be  allowed 
within  one  hundred  feet  of  the  polls,  except  when  actually 
engaged  in  voting  or  in  going  to  or  from  the  polls  for  the  pur- 
pose of  voting  or  of  challenging  the  vote  of  another,  and 
excepting  all  persons  in  attendance  upon  any  school  which 
may  be  in  session  in  the  building.  No  person  shall  show  his 
ballot  to  another  while  marking  it  or  after  marking  it  so  as 
to  disclose  for  whom  he  has  voted,  but  he  shall  as  soon  as 
possible  after  marking  it,  fold  it  so  that  the  marking  will  be 
on  the  inside  and  return  it  to  the  Board  of  Election  to  be 
counted.  Willful  violation  of  any  of  the  provisions  of  this 
section  shall  constitute  a  misdemeanor,  punishable  by  fine 
not  exceeding  fifty  dollars,  or  imprisonment  in  the  county 
jail  not  exceeding  twenty-five  days,  or  by  both  such  fine  and 
imprisonment. 

SEC.  16.  No  person  shall  receive  assistance  in  marking 
his  ballot  unless  physically  unable  to  mark  it  and  then  only 
by  permission  of  the  Board  of  Election.  A  voter  spoiling 
his  ballot  may  procure  another  by  delivering  the  spoiled  bal- 
lot to  the  Board  of  Election. 

SEC.  17.  Any  registered  person  offering  to  vote  may  be 
challenged  by  any  elector  of  the  district,  and  the  Judges  of 
Election  must  thereupon  administer  to  the  person  challenged 
an  oath  in  substance  as  follows:  You  do  swear  that  you  are 
a  citizen  of  the  United  States;  that  you  are  twenty-one  years 
of  age;  that  you  have  resided  in  this  State  six  months,  and 
in  this  school  district  thirty  days  next  preceding  this  elec- 
tion, and  that  you  have  not  voted  before  this  day.  If  he 
takes  the  oath  prescribed  in  this  section  his  vote  shall  be 
received,  otherwise  his  vote  must  be  rejected.  Illegally  vot- 
ing under  the  provisions  of  this  Act  shall  be  punished  the 
same  as  the  law  now  provides  for  punishing  offenses  of  this 
character. 

SEC.  18.  In  school  districts  having  a  voting  population  of 
one  hundred  (100)  or  over,  candidates  for  the  office  of  School 
Trustees  shall,  not  later  than  five  days  before  the  day  of 
election,  have  their  names  filed  with  the  County  Clerk  of 
said  county,  with  designation  of  the  term  of  office  for  which 
they  are  candidates,  and  no  names  shall  be  placed  upon  the 
ballots  unless  filed  within  the  time  herein  provided.  [As 
amended  Stats.  1901,  p.  54.] 

SEC.  19.  The  Board  of  Election  shall  keep  a  poll  list 
and  tally  sheet,  which,  together  with  the  registry  list  and  all 
ballots  cast,  shall  be  delivered  to  the  County  Clerk  upon  the 
count  being  completed,  and  such  returns  shall  be  kept  as  the 
law  now  provides  for  keeping  returns  of  general  elections. 


SCHOOL   LAWS   OF   NEVADA.  17 

ARTICLE   VI. 

BOARDS   OF   TRUSTEES   OF   SCHOOL   DISTRICTS. 

SECTION  1.     It  shall  be  the  duty  of  the  Trustees,  a  majority  TO  appo 
of  whom   shall  constitute  a  quorum  for  the  transaction  of  a  Clerk> 
business,  to  meet  as  soon  as  practicable  after  taking  the  oath 
of  office,  at  such   place  as  may  be   most  convenient  in  the 
district,  and  to  organize  by  appointing  one  of  their  number 
Clerk  of  the  Board,  who  shall  preside  at  the  official  meetings 
of  the  Trustees,  and  record  their  proceedings  in  a  book  to  be 
provided  for  the  purpose;  and  all  such  proceedings,  when  so 
recorded,  shall  be  signed  by  said  Clerk.     Said  book  shall  at 
all  times  be  subject  to  the  inspection  of  any  taxpayer  in  the 
district;  and  said  Clerk  shall  cause  full  minutes  of  the  pro- 
ceedings of  each  session  of  the  Board  to  be  published  in  some 
newspaper  having   general  circulation  in  the  district;  pro- 
vided, that  such  publication  can  be  had  without  expense  to 
the  district.     In  districts  having  a  school  population  of  three 
hundred  or  more  the  Clerk  of  the   Board  of  Trustees  may  cierk  allowed 
receive  such  salary  as  said  Board  may  allow;  provided,  that  salary- 
such  salary  shall  not  exceed  ten  dollars  per  month. 

SEC.  2.  Each  Board  of  Public  School  Trustees  shall  con-  Duties 
stitute  a  body  corporate,  and  shall  have  care  and  custody  of  deflned- 
all  school  property  within  their  district.  They  shall  have 
power  to  convey  by  deed  all  the  estate  or  interest  of  their 
district  in  any  school  house  or  site  directed  to  be  sold  by  vote 
of  the  district.  It  shall  be  their  duty,  directed  by  a  vote  of 
their  district,  to  build,  purchase  or  hire  school  houses  for  the 
use  of  the  district,  and  also,  without  such  vote,  to  cause  any 
needed  repairs  of  the  same,  when  the  expense  of  such  repairs 
will  not  exceed  five  hundred  dollars,  and  to  supply  school 
houses  with  necessary  furniture,  fixtures  and  fuel;  provided, 
that  no  public  school  house  shall  be  erected  in  any  school 
district  in  the  State  until  the  plan  of  the  same  has  been  sub- 
mitted to  and  approved  by  the  County  Superintendent  of 
Public  Schools.  County  Superintendents  may  refuse  to  draw 
their  warrants  in  payment  of  expenses  incurred  in  disregard 
of  this  provision.  Trustees  shall  cause  to  be  erected  such 
outhouses  as  decency  requires,  and  in  case  of  failure  or 
neglect  in  this  particular,  it  shall  be  the  duty  of  the  County 
Superintendent  to  cause  the  work  to  be  done,  and  to  pay  for 
the  same  out  of  the  funds  belonging  to  the  delinquent  dis- 
trict. All  conveyances  of  real  estate  made  to  the  Board  of 
School  Trustees  shall  be  in  their  name  corporate  and  to  their 
successors  in  office. 

SEC.  3.  No  Trustee  shall  be  pecuniarily  interested  in  any 
contract  made  by  the  Board  of  Trustees  of  which  he  is  a 
member;  provided,  that  [in]  any  school  district  in  this  State 
which,  at  the  last  school  census  taken  in  the  year  1894  by 
the  School  Census  Marshal  in  said  district,  had  an  enumera- 
tion of  not  less  than  one  hundred  and  fifty  school  census 


18 


SCHOOL   LAWS   OF   NEVADA. 


supplies 


To  cause 
census  to  be 
taken. 


children,  and  not  exceeding  four  hundred  resident  within 
such  district,  or  any  district  which  may  in  the  future  have 
an  enumeration  of  not  less  than  one  hundred  and  fifty  school 
census  children,  and  not  exceeding  four  hundred,  the  Board 
Board  of  of  Trustees  for  such  district  may  purchase  supplies  for  such 
pu?chasemay  district  not  exceeding  in  the  aggregate  the  sum  of  thirty 
dollars  in  any  one  month  from  one  of  their  number,  when, 
in  the  judgment  of  said  Board  of  Trustees,  it  would  be  an 
inconvenience  not  to  do  so,  but  the  member  from  whom  said 
supplies  are  purchased  shall  not  vote  upon  the  allowance  of 
any  bill  for  the  same,  and  any  contract  made  in  violation  of 
this  section  shall  be  null  and  void.  [As  amended  Stats. 
1895,  p.  27.] 

SEC.  4.  It  shall  be  the  duty  of  the  Trustees  of  each  dis- 
trict to  take,  or  cause  to  be  taken,  by  a  School  Census  Marshal, 
annually,  in  the  month  of  May,  an  enumeration  of  all  the 
children  between  the  ages  of  six  and  eighteen  years,  resident 
within  such  district,  and  return  a  certified  copy  thereof,  under 
oath,  to  the  County  Superintendent,  on  or  before  the  first  day 
of  July  next  following.  The  Trustees  shall  also  report  the 
number  of  schools,  specifying  the  different  grades,  the  number 
of  teachers,  male  and  female;  the  number  of  children,  male 
and  female,  who  have  attended  school  within  the  past  year; 
the  average  attendance;  the  length  of  the  term  of  the  school; 
the  compensation  of  teachers,  male  and  female;  the  number 
and  condition  of  school  houses  and  furniture,  and  the  esti- 
mated value  thereof;  the  number  of  books  in  public  school 
libraries;  the  text  books  used  in  schools;  the  value  and  kind 
of  school  apparatus;  the  amount  of  money  raised  by  rate 
bills,  district  taxation  and  subscription  for  school  purposes; 
the  amount  expended  in  erecting  and  furnishing  school 
houses,  and  such  other  statistics  as  the  Superintendent  of 
Public  Instruction  may  require. 

SEC.  5.  It  shall  be  the  duty  of  the  School  Trustees  to 
employ  teachers  and  certify  to  the  amount  due  them  for  serv- 
ices to  the  County  Superintendent,  who  shall  draw  his  order 
on  the  County  Auditor  for  a  warrant  on  the  County  Treasurer 
for  the  amount;  provided,  that  salaries  of  teachers  shall  be 
determined  by  the  character  of  the  service  required,  and  that 
in  no  district  shall  there  be  discrimination  in  the  matter  of 
salary  as  against  female  teachers.  Trustees  may  dismiss  any 
teacher,  at  any  time,  for  such  reasons  as  they  deem  sufficient. 
They  shall  visit  the  school  or  schools  under  their  charge  at 
least  once  in  each  term,  by  one  or  more  of  their  number,  with 
such  other  persons  as  they  may  choose  to  invite. 

SEC.  6.  The  School  Trustees  shall  have  power,  and  it  shall 
be  their  duty: 

First — To  provide  school  houses  with  maps,  blackboards, 
furniture  and  other  necessary  appendages,  including  library 
and  cabinet  cases,  if  deemed  expedient,  and  pay  for  the  same 
out  of  the  county  school' moneys  belonging  to  their  district. 


To  employ 
teachers. 


Duties  of 


SCHOOL   LAWS   OF   NEVADA.  19 

Second — To  provide  books  for  the  indigent  children,  and 
record  books  for  the  district,  and  to  pay  for  the  same  out  of 
the  county  school  moneys  belonging  to  their  district. 

Third — To  divide  the  public  schools  within  their  district  Duties  or 
into  infant,  taught  by  the  Froebel  system,  primary,  grammar  Trustees- 
and  high  school  departments,  and  to  employ  competent  and 
legally  qualified  teachers  for  the  instruction  of  the  different 
departments  whenever  they  shall  deem  such  division  into 
departments  advisable;  provided,  there  shall  be  such  means 
for  all  such  departments,  and,  if  not,  then  in  the  order  in 
which  they  are  herein  named,  excepting  the  infant  depart- 
ment, which  shall  not  be  considered  as  taking  precedence  of 
any  other  department;  provided,  also,  that  the  infant  depart- 
ment shall  not  be  established  in  a  school  district  having  a 
school  population  of  less  than  three  hundred  children. 

Fourth — To  suspend  or  expel  from  any  public  school  within 
their  district,  with  the  advice  of  the  teachers,  any  pupil  who 
will  not  submit  to  the  reasonable  and  ordinary  rules  of  order 
and  discipline  therein,  and  to  exclude  from  school  children 
under  six  years  of  age,  when  the  interest  of  the  school  requires 
it  to  be  done. 

Fifth — To  apportion  the  School  Fund  among  the  several 
schools  within  their  district  in  proportion  to  the  average 
number  of  pupils  attending  such  schools. 

Sixth — At  the  close  of  their  official  term  to  deliver  over 
their  books  of  record,  and  all  papers,  books,  blanks,  docu- 
ments, money  and  all  other  property  in  their  hands  as  such 
Trustees,  to  their  successors  in  office,  and  take  their  receipt 
for  the  same,  which  receipt  shall  be  filed  with  the  County 
Superintendent. 

SEC.  7.     The  School  Trustees  shall  also  have  power: 

First — To  unite  two  contiguous  school  districts  in  the  same 
county  or  in  adjoining  counties,  and  to  establish  a  union  school 
to  be  supported  out  of  the  funds  belonging  to  their  respective 
districts,  and  a  school  thus  established  shall  be  governed  by  a 
joint  board  composed  of  the  Trustees  of  the  combining  districts. 

Second — To  make  arrangements  with  the  Trustees  of  any 
adjoining  district  for  the  attendance  of  such  children  in  the 
school  of  either  district  as  may  be  best  accommodated  therein, 
and  to  transfer  the  school  moneys  due  by  apportionment  to 
such  children  to  the  district  in  which  they  may  attend  school. 
The  School  Trustees  of  any  district  shall  transfer  to  an  Apply  to 
adjoining  district  any  child,  together  with  all  school  moneys 
due  by  apportionment  to  such  child,  whenever  the  parent  or 
guardian  shall  present  a  written  request,  accompanied  by  a 
written  permit  from  the  Board  of  School  Trustees  of  the 
adjoining  district.  The  provisions  of  this  Act  shall  only 
aPply  to  counties  polling  not  less  than  twenty-five  hundred 
votes  at  the  last  preceding  general  election. "  [As  amended 
Stats.  1891,  p.  99.] 

This  may  be  void  on  account  of  the  proviso. 


20 


SCHOOL    LAWS    OF   NEVADA. 


TO  keep 
sfx  raon-Sis! 


county 


Election 

x' 


Election 
a£poTntedbe 


Taxabieen 


SEC.  8.  When  the  State  and  county  money  to  which  any 
district  is  entitled  is  not  sufficient  to  keep  a  school  open  in 
such  district  for  at  least  six  months  in  each  year,  it  is  hereby 
made  the  duty  of  the  Trustees  of  each  district  to  levy,  and 
they  shall  levy,  a  district  tax  upon  the  taxable  property  of 
such  district,  sufficient  to  raise  an  amount  which,  together 
with  the  State  and  county  money  to  which  such  district  is 
entitled,  will  keep  a  school  open  six  months  in  each  year; 
and  such  tax  shall  be  assessed,  equalized  and  collected  in  the 
manner  prescribed  for  assessing,  equalizing  and  collecting 
taxes  voted  for  furnishing  additional  school  facilities,  in  sec- 
tions ten  and  eleven  of  this  Act.  The  taxes  so  levied  shall 
include  a  sum  sufficient  to  pay  the  cost  of  assessing  and 
collecting. 

SEC.  9.  The  Board  of  Trustees,  or  Board  of  Education,  of 
each  city,  town  and  district,  may  use  the  moneys  from  the 
county  school  funds  to  purchase  sites,  build  or  rent  school 
houses,  to  purchase  libraries,  and  to  pay  teachers  or  contin- 
gent expenses,  as  they  may  deem  proper. 

SEC.  10.  The  Board  of  Trustees  of  any  school  district 
may,  when  in  their  judgment  it  is  advisable,  call  an  election 
and  submit  to  the  qualified  electors  of  the  district  the  ques- 
tion whether  a  tax  shall  be  raised  to  furnish  additional  school 
facilities  for  said  district,  or  to  keep  any  school  or  schools  in 
such  district  open  for  a  longer  period  than  the  ordinary  funds 
will  allow,  or  for  building  an  additional  school  house  or 
houses,  or  for  any  two  or  all  of  these  purposes.  Such  elec- 
tion shall  be  called  by  posting  notices  in  three  of  the  most 
public  places  in  the  district  for  twenty  days,  and  also  if 
there  be  a  newspaper  in  the  county,  by  advertisement  therein 
once  a  week  for  three  weeks.  Said  notice  shall  contain  time 
and  place  of  holding  the  election,  the  amount  of  money  pro- 
posed to  be  raised  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used.  The  Trustees  shall  appoint  three  judges 
to  conduct  the  election,  and  it  shall  be  held  in  all  other 
respects  as  nearly  as  practicable  in  conformity  with  the 
general  election  law.  At  such  election  the  ballot  shall  con- 
tain the  words,  "Tax  —  Yes,"  or  "Tax—  No."  If  a  majority 
of  the  votes  cast  are  "Tax  —  Yes,"  the  officers  of  the  election 
shall  certify  the  fact  to  the  County  Commissioners,  together 
with  a  statement  of  the  amount  of  money  proposed  to  be 
raised,  who  shall  ascertain  the  necessary  percentage  on  the 
property  of  said  district  as  shown  by  the  last  assessment 
made  thereof  after  equalization,  to  raise  the  amount  of 
money  voted,  and  shall  add  it  to  the  next  county  tax  to  be 
collected  on  the  property  aforesaid;  and  the  same  shall  be 
paid  into  the  county  treasury  as  a  special  deposit  in  favor  of 
said  school  district,  to  be  drawn  in  the  same  manner  as  other 
school  moneys;  provided,  if  in  any  school  district  the  School 
Trustees  shall  certify  to  the  County  Commissioners  that  the 
State  and  county  money  to  which  any  district  is  entitled  is 


SCHOOL    LAWS    OF    NEVADA.  21 

not  sufficient  to  keep  school  open  in  such  district  up  to  the 
date  when  State  and  county  taxes  shall  become  due,  the  tax 
provided  for  in  this  section  shall  be  due  and  payable  to  the 
Assessor  of  such  county  in  which  the  tax  is  levied,  immedi- 
ately after  he  shall  make  the  assessment  and  demand  for 
payment  of  the  tax;  provided,  the  owner  of  the  property 
shall,  if  he  deem  the  assessment  too  high,  have  the  privilege 
of  submitting  the  assessment  to  the  Board  of  County  Com- 
missioners for  equalization  within  ten  days  after  demand  Equalization 
made  for  the  payment  of  the  tax,  and  the  County  Commis- 
sioners, within  five  days  after  complaint  made  to  them,  shall 
meet  and  determine  the  correct  valuation  of  the  property 
assessed,  and  may  change  the  same  by  adding  to  or  deduct- 
ing from  the  sum  fixed  either  by  the  owner  or  Assessor,  and 
upon  notice  to  the  owner  of  the  result  of  their  equalization 
the  tax  shall  be  immediately  payable  to  the  Assessor,  and  if 
not  paid  shall  become  delinquent;  and  all  taxes  so  assessed  as 
in  this  Act  provided,  shall  constitute  a  lien  on  the  property  Taxes 
charged  therewith,  from  the  date  of  the  levy  thereof  by  the  ' 
County  Commissioners,  or  entry  thereof  on  the  assessment 
roll  by  the  County  Auditor,  until  the  same  are  paid,  and 
thereafter  if  allowed  to  become  delinquent  shall  be  enforced 
in  the  same  manner  as  now  provided  by  law  for  the  collec- 
tion of  State  and  county  taxes. 

State  vs.  Yellow  Jacket  S.  M.  Co.,  5  Nev.  415. 

SEC.  11.     If  for  any  reason  said  tax  is  not  added  to  the  in  case  of 
county  tax  by  the  County  Commissioners,  the  County  Audi-  levy™  to 
tor  shall  enter  it  on  the  assessment  roll  to  be  charged  against 
the  property  of  that  district,  on  application  from  the  Trus- 
tees of  said  district. 

SEC.  12.     All  taxes  assessed,  as  in  this  Act  provided,  shall  school  tax  a 
constitute  a  lien  on  the  property  charged  therewith  from  the  hen' 
date  of   the  levy  thereof  by  the  County  Commissioners,  or 
entry  thereof  on  the  assessment  roll  by  the  County  Auditor, 
until  the  same   are   paid;    and   their   payment,   if   allowed 
to  become  delinquent,  shall  be  enforced  in  the  same  man- 
ner. 

SEC.  13.  After  a  school  shall  have  been  maintained  free  when 
to  all  pupils  six  months  of  the  current  school  year,  the  Trus- 
tees  of  any  district  shall  have  power,  at  their  discretion,  to  bills- 
assess  such  rate  bills  of  tuition  as  they  may  deem  necessary 
for  the  payment  of  teachers'  salaries,  in  addition  to  the  pub- 
lic moneys  of  such  district.  Said  rate  bills  of  tuition  shall  be 
made  out  by  said  Board  of  Trustees  against  all  persons  send- 
ing children  to  school,  in  proportion  to  the  number  of  chil- 
dren sent,  and  the  time  of  attendance  of  said  children;  and 
the  Board  of  Trustees  shall  exempt  such  indigent  persons 
from  the  payment  of  such  rate  bills  as  they  may  consider 
entitled  to  such  exemption.  Any  person  refusing  or  neglect- 
ing to  pay  said  bills  shall  be  excluded  from  the  benefits  of 
said  school,  in  such  manner  as  the  Board  of  Trustees,  with 


SCHOOL    LAWS    OF    NEVADA. 

the  advice  and  consent  of   the  public  school  teachers,  may 
determine. 

ARTICLE   VII. 

SCHOOL   CENSUS    MARSHAL. 

SECTION  1.     It  is  the  duty  of  the  Census  Marshal: 

First — To  take  annually,  between  the  first  and  thirty-first 
MaSSai,  da^s  of  Ma7'  inclusive,  a  census  of  all  children  under  eighteen 
duties  of.  years  of  age  and  over  six  years,  who  are  residents  of  his  dis- 
trict'on  the  first  day  of  May. 

Second — To  report  the  result  of  his  labors  to  the  County 
Superintendent  of  Schools  on  or  before  the  fifteenth  day  of 
June  in  each  year. 

Third — He  shall,  when  practicable,  visit  each  habitation, 
home,  residence,  domicile  or  place  or  abode  in  his  district, 
and  by  actual  observation  and  investigation  enumerate  the 
census  children  of  the  same. 

SEC.  2.  Whenever  a  district  is  found  lying  partly  in  two 
adjoining  counties,  the  Census  Marshal  must  report  to  each 
County  Superintendent  the  number  of  children  in  each 
county. 

SEC.  3.  His  report  must  be  made  under  oath,  upon  blanks 
what  report  furnished  by  the  Superintendent  of  Public  Instruction,  and 

must  show.      mugtshow: 

First — The  number,  age,  sex,  color  and  nationality  of  the 
children  listed. 

Second — The  name  of  the  parents  or  guardians  of  said 
children. 

Third — Such  other  facts  as  the  Superintendent  of  Public 
Instruction  may  designate. 

Fourth — The  Census  Marshal  shall  have  power  to  admin- 
ister oath  to  parents  or  guardians. 

Fifth — If  at  any  time  the  County  Superintendent  has 
reason  to  believe  that  a  correct  report  has  not  been  returned, 
he  may  appoint  a  Census  Marshal,  have  the  census  retaken, 
and  the  compensation  for  the  same  shall  be  audited  by  the 
County  Commissioners  and  paid  out  of  the  County  General 
Fund. 

SEC.  4.  He  must  include  in  his  report  all  children  of  the 
children  district  that  are  absent  attending  institutions  of  learning, 

included.  ,.  ...  .,  *    ,  i         T    .    •  ? 

and  whose  parents  or  guardians  are  residents  of  the  district. 

SEC.  5.     He  must  not  include  in  his  report  non-resident 

children  not  children   who  are   attending  in   his   district   institutions  of 

learning,  benevolent   institutions,  such  as  deaf   and  dumb, 

blind    and   orphan    asylums,   nor    any  other   children   not 

actually  residing  in  his  district. 

SEC.  6.  The  compensation  of  the  Census  Marshal  must  be 
audited  by  the  County  Commissioners  and  paid  as  other 
claims  out  of  the  General  Fund  of  the  county. 

SEC.  7.     If  the  Census  Marshal  neglect  or  refuse  to  make 


SCHOOL   LAWS   OF   NEVADA. 

his  report  at  the  time  and  in  the  manner  herein  required  Neglect  of 
and  to  perform  any  other  duty  devolving  upon  him,  he  must 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  be 
punished  by  a  fine  in  any  amount  not  exceeding  one  hun- 
dred dollars  or  imprisonment  not  exceeding  ten  days. 

SEC.  8.     The  School  Census  Marshals,  in  the  various  school  not 

districts  of  the  State,  shall  not  include  in  their  enumeration  included. 
of  children  between  the  ages  of  six  and  eighteen  years  any 
Indian  children  not  attending  public  school. 

SEC.  9.  It  shall  be  the  duty  of  the  Superintendent  of 
Public  Instruction,  and  the  various  County  Superintendents, 
to  cause  the  arrest  and  prosecution  of  any  person  who  shall 
violate  the  provisions  of  this  Act.  And  any  person  convicted 
of  such  violation  shall  be  punished  by  a  fine  of  not  less  than  penalty, 
twenty  (20)  nor  more  than  three  hundred  (300)  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  nor 
more  than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

Sections  8  and  9  as  amended  Stats.  1897,  p.  115. 


ARTICLE   VIII. 

COUNTY   BOARD   OF   EXAMINATION. 

SECTION  1 .     The  County  Superintendent  shall  appoint  two  county 
competent  persons  who,  with  himself,  shall  be  and  constitute  SnSt'to 
a  Board  of  Examination,  of  which  he  shall  be  Chairman.  |PP°f  *f 
Said  Board  shall  be  constituted  for  the  purpose  of  examining  Examiners, 
applicants  for  teachers'  certificates  and  granting  certificates 
of   qualification  for   teaching  in   the  public  schools.     They 
shall  hold  examinations  at  such  times  as  may  be  provided  by 
law,  and  be  governed  by  such  rules  and  regulations  as  the 
State   Board  of   Education    may  from  time  to  time   direct. 
They  shall  grant  certificates,  except  as  hereinafter  provided,  snail  grant 
to  such  persons  only  as  shall  pass  a  satisfactory  examination. certiflcates- 
The  certificate  so  granted  shall  remain  in  force  as  specified 
in  this  section,  unless  revoked  for  incompetency,  immorality 
or  gross  neglect  of  duty.     Said  Board  shall  have  power  to 
grant  certificates  of  the  following  grades:    High  school  grade, 
for  teaching  a  high  school,  which  shall  be  good  for  four  years; 
grammar    grade,   for   teaching    unclassified    and    grammar 
schools,  which  shall  be  good  for  three  years;  primary  grade, 
for  teaching  a  primary  school,  which  shall  be  good  for  two 
years.     High  school  and  grammar  certificates  shall  entitle 
the  holders  to  teach  in  high  schools  and  grammar  schools 
respectively;  a  primary  certificate  shall  not  entitle  the  holder 
to  teach  any  class  or  classes  pursuing  high  school  branches. 
The  certificate  provided  for  in  this  section  shall  be  issued  to  Must  pass 
such  persons  only  as  pass  a  satisfactory  examination  in  the 
branches  of   studies  pursued  in  each  specified  grade  of  the 
public  schools,  and  such  additional  studies  as  the  State  Board 
of  Education  may  direct,  and  shall  have  given  evidence  of 


24 


SCHOOL    LAWS    OF    NEVADA. 


good  moral  character  and  of  fitness  for  teaching.  The  cer- 
tificate shall  be  signed  by  a  majority  of  the  Board  of  Exam- 
ination. The  Board  of  Examination  shall  have  power  to 
renew  the  high  school  or  grammar  certificate  of  any  person 
successfully  teaching  in  the  county;  provided,  that  the  certifi- 
cate of  no  one  not  thus  engaged  shall  be  renewed.  County 
certificates  made  valid  for  all  the  counties  of  this  State 
shall  be  accepted  in  all  the  counties.  [As  amended  Stats. 
1895,  p.  87.] 


Time  held. 


Questions, 

how 

prepared. 


Disposition 
of 

examination 
papers. 


Certificates 
made  valid  in 
all  counties, 
when. 


ARTICLE   IX. 

EXAMINATIONS   FOR   TEACHERS'    COUNTY    CERTIFICATES. 

[Stats.  1893,  p.  102.] 

SECTION  1.  Examinations  for  teachers'  certificates  in  this 
State  shall  be  held  in  the  several  counties  semi-annually, 
beginning  on  the  second  Monday  in  January  and  July,  and 
continuing  not  more  than  three  days  at  any  one  examina- 
tion; provided,  that  the  interest  of  the  schools  in  any  county 
requires  such  examinations.  Examinations  shall  not  be  held 
at  other  times  than  are  herein  specified,  except  with  the  con- 
sent and  authorization  of  the  State  Board  of  Education.  [As 
amended  Stats.  1895,  p.  15.] 

SEC.  2.  The  questions  used  for  written  work  in  teachers' 
examinations  shall  be  prepared  by  the  State  Board  of  Edu- 
cation, and  shall  be  uniform  throughout  this  State.  Such 
examination  questions  shall  be  forwarded  to  the  various 
County  Superintendents  by  the  State  Superintendent  of 
Public  Instruction,  so  as  to  reach  their  destination  on  or 
before  the  dates  hereinbefore  specified.  Such  questions  shall 
be  sent  under  the  seal  of  the  State  Board  of  Education,  and 
shall  not  be  opened  by  County  Superintendents  or  others 
until  the  first  day  of  the  examination  for  which  they  are 
prepared.  Questions  shall  be  used  in  the  order  directed  by 
the  State  Board  of  Education. 

SEC.  3.  Examination  papers  of  applicants  shall  be  graded 
by  the  County  Boards  of  Examination,  and  shall  be  kept  on 
file  in  the  offices  of  the  County  Superintendents  for  such  time 
as  the  State  Board  of  Education  may  direct.  All  applicants 
shall  reach  such  standing  as  the  State  Board  may  require  in 
written  examinations  in  order  to  obtain  a  certificate.  The 
County  Boards  of  Examination  may  give  such  oral  examina- 
tions additional  to  the  written  as  they  may  deem  proper,  and 
they  shall  keep  an  accurate  record  of  standings  made  in  both 
written  and  oral  examinations. 

SEC.  4.  The  State  Board  of  Education  shall  not  indorse 
county  certificates  submitted  to  them  for  such  purpose  for  use 
in  other  counties  until  the  State  Superintendent  is  satisfied 
from  an  inspection  of  the  examination  papers  of  the  person 
holding  such  certificate  that  such  indorsement  should  be  made. 
The  County  Superintendent  who  recommends  to  the  State 


SCHOOL    LAWS    OF    NEVADA.  25 

Board  of  Education  that  a  certificate  should  be  indorsed  or 

made  good  for  other  counties  than  his  own  must  forward  to 

the   State   Superintendent,  with  such   recommendation,  the 

original  papers  of  the  applicant,  with  the  gradings  given  in 

both  written  and  oral  work.     The  certificate  so  submitted  of 

any  person  whose  papers  are  found  deficient  in  merit  shall  be 

canceled  by  the  State  Board  of  Education,  and  the  County  certificates,  . 

Superintendent  of  the  county  in  which  it  was  issued  shall  be  ai 

immediately  notified  of  such  action. 

SEC.  5.     [Repealed  by  implication.     Stats.  1895,  p.  87.] 
SEC.  6.     Members  of  County  Boards  of  Examination  shall  c£g|PJ£f 
be  paid  from  the  General  School  Funds  of  their  respective  Boa?d  of 
counties  such  reasonable  compensation  as  the  County  Super-  Examiners 
intendent  shall  allow;  provided,  that  such  compensation  shall 
not  exceed  five  dollars  per  day.     County  Superintendents  are 
hereby  authorized  to  draw  their  orders  upon  the  County  Aud- 
itors of   their  respective  counties  in   payment   thereof.     No 
County  Superintendent  shall  receive  for  his  services  in  exam- 
ining teachers  any  compensation  additional  to  his  salary. 

EXAMINATION   SUBJECTS— COUNTY   CERTIFICATES. 

[Stats.  1895,  p.  110.] 
SECTION  1.     The  countv  primary  school   certificate,   good  county 

c  •  i  A'   f  •        j.-         primary 

for  two  years,  shall  be  issued  upon  satisfactory  examination  school 
in  the  following  subjects,  and  shall  entitle  the  holder  to  teach  certiflcate- 
in  any  school  in  which  only  primary  branches  are  taught: 
Orthography,  reading,  grammar,  written  arithmetic,  mental 
arithmetic,   penmanship,  physiology,  history  of  the  United 
States,  civil  government,  geography,  current  news,  drawing, 
theory  and  practice  of  teaching,  and,  at  the  discretion  of  the 
State  Board  of  Education,  music  and  the  elements  of  chem- 
istry and  physics. 

SEC.  2.     The  county  grammar  school  certificate,  good  for  County 
three  years,  shall  be  issued  upon  satisfactory  examination  in  fcho^™ai 
the  following  subjects,  and  shall  entitle  the  holder  to  teach  in  certificate, 
primary,  grammar  or  unclassified  schools:     All  the  subjects  • 
designated   for   county   primary   school   certificates,  and  in 
addition  thereto,  algebra,  the  first  and  second  books  of  plane 
geometry,  English  history,  bookkeeping,  physical  geography, 
physics,  chemistry,  and  methods  of  teaching. 

SEC.  3.  The  county  high  school  certificate,  good  for  four  county 
years,  shall  entitle  the  holder  to  teach  in  any  school,  and 
shall  be  issued  upon  satisfactory  examination  in  all  the  sub- 
jects mentioned  in  sections  one  and  two  of  this  Act,  and,  in 
addition  thereto,  botany,  Latin,  general  history,  English 
literature,  plane  geometry,  astronomy,  rhetoric,  civil  govern- 
ment, and  the  history  and  methods  of  teaching. 

SEC.  4.     Applicants    who  have  taught  successfully  under  on      h 
any  grade  of  certificate  issued   under  this  Act  shall,  when  ^radeg  e 
applying  for  the  next  higher  grade,  be  required  to  take  only 
the  studies  of  that  grade;  provided,  that  any  person,  holding 


26  SCHOOL   LAWS   OF   NEVADA. 

a  county  primary  school  certificate,  in  applying  for  a  county 
grammar  school  certificate,  need  take  only  the  additional 
branches  named  in  section  two  of  this  Act. 

SEC.  5.  No  certificate  authorized  by  this  Act  shall  be  issued 
NO  certificate  to  persons  under  'sixteen  years  of  age;  nor  shall  any  high 
under  i6ns  school  certificate  be  issued  to  any  person  who  shall  not  have 
years  of  age.  successfully  taught  at  least  twelve  months. 

SEC.  6.  Examinations  for  certificates  named  in  this  Act 
tSns"na"  shall  be  conducted  by  the  County  Boards  of  Examination, 
conducted  by  under  such  rules  and  restrictions  as  the  State  Board  of  Edu- 
Boards.  cation  may  prescribe. 

SEC.  7.     The   County  Board  of   Examination  may  renew 

certificates     the  certificate  of  any  person  successfully  engaged  in  teaching 

in  the  county;  provided,  that  after  the  year  eighteen  hundred 

and  ninety-seven  a  primary  school  certificate  shall  not  be 

subject  to  renewal. 

SEC.  8.     As  the  county  certificates  of  the  first  and  second 

certificate  of  grade,  in  force  at  the  passage  of  this  Act,  expire,  the  County 

gradealent      Board  of  Examination  may  issue,  without  examination,  to 

the  persons  holding  the  same,  certificates  of  equivalent  grade 

as  named  in  this  Act;  provided,  that  high  school  certificates 

shall  be  thus  issued  only  to  those  teaching  in  high  schools. 


ARTICLE   X. 

EDUCATIONAL   AND   LIFE   DIPLOMAS. 

SECTION  1.     The  State  Board  of  Education  shall  grant  a 
TO  grant  we  life  diploma  to  any  resident  of  the  State  of   Nevada  who 
diploma.        shall  present  evidence  of  having  taught  successfully  and  con- 
tinuously in  the  public  schools  of  the  State  of  Nevada  for  a 
period  of  ten  years. 

SEC.  2.  A  life  diploma  granted  under  the  first  section  of 
Relating  to  this  Act  shall  be  of  the  same  grade  as  the  certificate  held  by 
grade.  ^Q  appiicant  at  the  time  of  application  for  the  diploma,  and 

shall  entitle  the  holder  thereof  to  teach  in  any  school  in  the 
'  State  of  Nevada  of  a  grade  corresponding  to  the  grade  of  the 
certificate  upon  which  the  life  'diploma  was  granted. 
Sees.  1  and  2,  Stats.  1897,  p.  29. 

SEC.  3.     State  educational  diplomas  may  be  issued  to  such 
Diplomas,  to  persons  only  as  have  held  a  State  certificate  of  high  school 
whom  issued,  g^e,  or  a  county  certificate  of  high  school  grade  for  at  least 
one  year,  and  shall  furnish  satisfactory  evidence  of  having 
been   successfully   engaged   in   teaching   at   least    forty-five 
months  in  the  public  schools,  twenty  months  of  which  must 
have  been  in  Nevada.     Every  application  for  an  educational 
diploma  must  be  accompanied  by  a  certified  copy  of  a  resolu- 
tion adopted  by  the  Board  of  School  Trustees  of  the  district 
Educational  in  which  the  applicant  has  taught  at  least    one  year.     An 
diplomas.       educational  diploma  shall  entitle  the  holder  thereof  to  teach 
in  any  public  school  in  the  State  of  Nevada  without  further 
examination. 


SCHOOL   LAWS   OF   NEVADA.  27 

SEC.  4.     Life  diplomas  may  be  issued  on  all  and  the  same  Life 
conditions  as  educational  diplomas,  except  that  the  applicant  dlPlomas- 
must  furnish  satisfactory  evidence  of  having  been  successfully 
engaged  in  teaching  seventy-two  months  in  public  schools, 
twenty-four  of  which  must   have  been   in   Nevada.     A  life 
diploma   shall   entitle   the   holder  thereof   to  teach  in    any 
school  in  the  State  of   Nevada  without   any  further  exam- 
ination. 

SEC.  5.     To  the  graduates  of   the  Nevada   State   Normal  j^J^j^' 
School^  who   hold  State   high  school   certificates,  the   State  diplomas. 
Board  of  Education  shall  grant  a  life  diploma  of  high  school 
grade  when   said  graduates  shall   have  completed   at   least 
forty-five  months  of  successful  instruction  in  public  schools. 
To  all  graduates  of   the  Nevada  State  Normal  School  who 
hold  a  State  grammar  school  certificate,  the  State  Board  of 
Education  shall  grant  a  life  diploma  of  the  grammar  grade 
when  said  graduates  shall  have  completed  at, least  forty-five 
months  of  successful  instruction  in  public  schools. 

SEC.  6.     Graduates   of   the   Nevada  State  Normal  School  Diplomas  of 
who  have  taught  successfully  for  the  time  specified  in  this  g?ade!gm 
Act,  on  or  before   January  1,  1900,  shall  be  entitled  to  life 
diplomas  of  undesignated  grade. 

Sees.  3,  4,  5  and  6,  Stats.  1895,  p.  82. 

SEC.  7.     The  State  Board  of  Education  shall  grant  a  life  Board  of 
diploma  to  any  resident  of  this  State  of  good  moral  character,  gf^fii^  * 
and  who  shall  present  satisfactory  evidence  of  having  taken  diPlomas- 
a  course  in  pedagogics  and  received  the  degree  of  Bachelor  of 
Arts    from   any  university  or   college   situated   within    the 
United  States,  and   of    reputable  standing;  provided,   such 
person   shall  have  been  an  actual  resident  of   the  State  of 
Nevada  for  at  least  five  years  next  preceding  his  or  her  hav- 
ing entered   the  university  or  college  in  which  the  course  in 
pedagogics  was  taken,  and  from  which  the  degree  of  Bachelor 
of  Arts  was  received.     [Stats.  1897,  p.  61.] 


ARTICLE   XI. 

TEACHERS. 

SECTION  1.  No  teacher  shall  be  entitled  to  receive  any  por-  Legal 
tion  of  the  public  school  moneys  as  compensation  for  serv- 
ices  rendered,  unless  such  teacher  shall  have  been  legally 
employed  by  the  Board  of  Trustees,  nor  unless  such  teacher 
shall  have  had  a  certificate  from  the  State  Board  of  Educa- 
tion or  from  the  County  Board  of  Examination,  in  full  force 
and  effect,  nor  unless  such  teacher  shall  have  made  a  full 
and  correct  report,  in  the  form  and  manner  prescribed  by 
law,  to  the  County  Superintendent,  and  to  the  Board  of 
School  Trustees. 

SEC.  2.     Each  and  every  teacher  employed  in  this  State, 
whose  compensation  is  payable  out  of  the  public  funds,  shall 


28 


SCHOOL    LAWS    OF   NEVADA. 


Teacher's 
oath. 


To  keep  a 
register. 


take  and  subscribe  to  the  oath  as  prescribed  by  the  fifteenth 
article  of  the  State  Constitution  before  entering  upon  the  dis- 
charge of  the  duties  of  such  teacher.  Such  oath,  when  so 
taken  and  subscribed  to,  shall,  if  that  of  teacher  in  the  State 
University,  be  filed  in  the  office  of  the  Board  of  Regents;  if 
of  any  other  class  of  teachers,  the  same  shall  be  filed  in  the 
office  of  the  County  Superintendent  of  Schools.  [As  amended 
Stats.  1887,  p.  141.] 

The  oath  is  as  follows: 

I, ,  do  solemnly  swear  (or  affirm)  that  I 

will  support,  protect  and  defend  the  Constitution  and  Govern- 
ment of  the  United  States,  and  the  Constitution  and  Govern- 
ment of  the  State  of  Nevada,  against  all  enemies,  whether 
domestic  or  foreign,  and  that  I  will  bear  true  faith,  alle- 
giance and  loyalty  to  the  same,  any  ordinance,  resolution  or 
law  of  any  State  Convention  or  Legislature  to  the  contrary 
notwithstanding;  and  further,  that  I  do  this  with  a  full  deter- 
mination, pledge  and  purpose,  without  any  mental  reservation 
or  evasion,  whatsoever.  And  do  further  solemnly  swear  (or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  accepted  a 
challenge  to  fight  a  duel,  nor  been  a  second  to  either  party, 
nor  in  any  manner  aided  or  assisted  in  such  duel,  nor  been 
knowingly  the  bearer  of  such  challenge  or  acceptance,  since 
the  adoption  of  the  Constitution  of  the  State  of  Nevada,  and 
that  I  will  not  be  so  engaged  or  concerned,  directly  or  indi- 
rectly, in  or  about  any  such  duel,  during  my  continuance  in 
office.  And,  further,  that  I  will  well  and  faithfully  perform 

all  the  duties  of  the  office  of on  which  I  am  about  to 

enter  (if  an  oath),  "So  help  me  God,"  (if  an  affirmation) 
"Under  the  pains  and  penalties  of  perjury." 

Sworn  and  subscribed  to  before  me,  a of  the 

county  of and  State  of  Nevada,  this day  of 

,  Anno  Domini  189__. 


SEC.  3.  All  teachers  of  public  schools  shall  keep  a  register 
of  all  the  scholars  attending  such  schools,  their  age,  daily 
attendance  and  time  of  continuance  at  school,  and  such 
further  statistics  as  may  be  required  by  the  Superintendent 
of  Public  Instruction,  and  shall  deliver  such  register,  at  the 
close  of  their  term  of  employment,  to  the  Board  of  Trustees 
of  their  district. 


Teacher's 
Institute 
provided. 


ARTICLE   XII. 

TEACHERS'   INSTITUTES. 

SECTION  1.  The  Superintendent  of  Public  Instruction,  by 
and  with  the  consent  of  the  State  Board  of  Education,  shall 
have  power  to  convene  two  State  Teachers'  Institutes  annu- 
ally, in  different  sections  of  the  State,  and  shall  preside  over 
and  regulate  the  exercises  of  the  same  in  pursuance  of  the 
provisions  of  this  Act.  Teachers  who  attend  one  such  Insti- 


SCHOOL   LAWS   OF   NEVADA.  29 

tute  shall  not  be  required  to  attend  another  in  the  same  year. 
Sessions  shall  not  be  less  than  three  days  nor  more  than  ten 
days. 

SEC.  2.  The  purpose  of  such  Institutes  shall  be  to  train  Purposes  of. 
and  instruct  the  teachers  of  the  State,  so  far  as  may  be  found 
necessary,  in  practical  and  scientific  methods  of  work,  to  sim- 
plify and  unify,  so  far  as  may  be  practicable,  the  courses  of 
study  in  the  public  schools,  and  in  general  to  raise  the 
standard  of  educational  work  and  qualification  on  the  part 
of  the  teachers.  Class  work  in  common  school  branches  shall 
be  a  prominent  feature  of  all  Institute  programmes.  The 
State  Superintendent  shall  have  power  to  engage  such  lec- 
turers and  instructors  as  he  may  deem  advisable  to  aid  him 
in  conducting  the  exercises. 

SEC.  3.     All  teachers  shall  be  required  to  attend  and  par-  Teachers 
ticipate  in  the  proceedings  of  the  Institute  held  in  the  section  attendedt° 
of  the  State  wherein  they  may  be  engaged  in  teaching,  and 
without  loss  of  salary  for  the  time  thus  employed. 

Sees.  1,  2  and  3,  Stats.  1893,  p.  108. 

SEC.  4.  The  County  Superintendent  shall  have  the  power  Expenses  of 
to  call  one  or  more  Teachers'  Institutes  annually,  and  the 
expenses  of  such  Institutes  shall  be  paid  out  of  the  County 
General  Fund,  upon  the  warrant  of  the  County  Superintend- 
ent; provided,  that  the  Board  of  Commissioners  authorize  such 
Institutes,  upon  .the  application  of  the  County  Superintend- 
ent; and  provided,  that  the  expenses  of  such  Institute  shall 
not  exceed  the  sum  of  one  hundred  dollars  in  any  one  year. 


ARTICLE   XIII. 

MISCELLANEOUS   PROVISIONS. 

SECTION  1.     The  public  school  year  shall  commence  on  the  school  year 
first  day  of  September,  and  shall  end   on  the   last   day  of  deflned' 
August. 

SEC.  2.     Any  printing   required    under  this  Act  shall  be  printing 
executed  in  the  form  and  manner  and  at  the  prices  of  other  °rdered- 
State  printing,  and  shall  be  paid  for  in  like  manner  out  of 
the  General  Fund. 

SEC.  3.     The  State  Superintendent  of  .Public  Instruction  oaths. 
and  the  County  Superintendent  of  Public  Schools  are  hereby 
authorized  to  administer  the  oath  (or  affirmation)  to  teachers, 
and    all   other   oaths    (or   affirmations)    relating   to   public 
schools. 

SEC.  4.     Except  when  special  agreement  is  made,  a  school  school 
month   shall  consist  of   four  weeks  of   five  days  each,  and  defined, 
teachers  shall  be  paid  only  for  the  time  in  which  they  are 
actually  engaged  in  teaching;  provided,  that  when  an  inter- 
mission of  less  than  six  days  is  ordered  by  the  Trustees  no 
deduction  of  salary  shall  be  made  therefor. 

SEC.  5.    No  books,  tracts  or  papers  of  a  sectarian  or  denomi- 


30  SCHOOL   LAWS    OF    NEVADA. 

sectarianism  national  character  shall  be  used  or  introduced  in  any  school 
prohibited,  established  under  the  provisions  of  this  Act;  nor  shall  any 
sectarian  or  denominational  doctrines  be  taught  therein;  nor 
shall  any  school  whatever  receive  any  of  the  public  school 
funds  which  has  not  been  taught  in  accordance  with  the  pro- 
visions of  this  Act. 

SEC.  6.     All  lots,  buildings  or  other  school  property,  owned 

Exempt  from  by  any  district,  town  or  city,  and  devoted  to  public  school 

purposes,  shall  be,  and  the  same  are  hereby  exempted  from 

taxation,  and  from  sale  on  any  execution,  or  other  writ  or 

order  in  the  nature  of  an  execution. 


ARTICLE   XIV. 

PROTECTION    OF   PUPILS    AND   PEACE   OF   PUBLIC    SCHOOLS. 

[Stats.  1893,  p.  106.] 

SECTION  1.     It  shall  be  a  misdemeanor  for  any  person  or 

Misdemeanor  persons  to  detain,  beat,  whip  or  otherwise  interfere  with  any 

with^upli6     Pupil  or  pupils  attending  any  public  school  in  the  State  of 

Nevada  on   his,  her  or  their  way  to  or  from  such   school 

against  the  will  of  Such  pupil  or  pupils. 

SEC.  2.     It  shall  be  a  misdemeanor  for  any  person  or  per- 
Misdemeanor  sons  to  disturb  the  peace  of  any  public  school  in  the  State  of 
8chooi.urb      Nevada  by  using  vile  or  indecent  language,  or  by  threaten- 
ing or  assaulting  any  pupil  or  teacher  within  the  building  or 
grounds  of  such  school,  and  for  the  purpose  of  this  Act  the 
ground  of  every  public  school  in  the  State  of  Nevada  shall 
extend  to  a  distance  of  fifty  yards  in  all  directions  from  the 
school  building. 

SEC.  3.     Any  person  or  persons  convicted  of  a  misdemeanor 

Penalty         under  either  of   the  foregoing  sections  of  this  Act  shall  be 

subject  to    a   fine  not  exceeding   three  hundred   dollars   or 

imprisonment  in  the  county  jail  not  to  exceed  six  months,  or 

to  both  such  fine  and  imprisonment. 


ARTICLE   XV. 

TO   PREVENT   INJURY   TO   SCHOOL   PROPERTY. 

[Stats.  1895,  p.  63.] 

SECTION  1.  It  shall  be  a  misdemeanor  for  any  person  or 
injure  or  persons  to  willfully  and  maliciously,  injure,  mark  or  deface 
any  church  edifice,  school  house  or  other  building,  public  or 
private,  its  fixtures,  books  or  appurtenances,  or  to  commit 
any  nuisance  therein,  or  to  purposely  and  maliciously  commit 
any  trespass  upon  the  grounds  attached  thereto,  or  any  fix- 
tures placed  thereon,  or  any  enclosure  or  sidewalk  about  the 
same,  or  in  any  manner  to  maliciously  and  purposely  inter- 
fere with  or  disturb  those  peaceably  assembled  within  such 
building  or  buildings. 


SCHOOL   LAWS   OF   NEVADA.  31 

SEC.  2.     Any  person  or  persons  convicted  of  a  misdemeanor  Penalty, 
under  the  foregoing  section  of  this  Act  shall  be  subject  to  a 
fine,  not  exceeding  two  hundred  dollars,  or  to  imprisonment 
in  the  county  jail  not  to  exceed  six  months,  or  to  both  such 
fine  and  imprisonment. 

ARTICLE   XVI. 

ARBOR   DAY. 

[Stats.  1887,  p.  51.] 

SECTION  1.     Arbor  Day  is  hereby  established  in  the  State  school 
of  Nevada,  and  shall  be  fixed  each  year  by  proclamation  of  hl 
the  Governor  at  least  one  month  before  the  fixing  of  such 
date,  and  [it]  shall  be  observed  as  a  holiday  by  the  public 
[schools]  of  this  State;   provided,  that  nothing  in  this  Act 
shall  be  so  construed  as  making  this  a  legal  holiday,  so  far 
as  the  courts  and  civil  contracts  are  concerned. 

SEC.  2.     His  Excellency  the  Governor  is  requested  to  make  Governor  to 
proclamation  setting  forth  the  provisions  of  the  first  section  SSfatfon.0" 
of  this  statute,  and  recommending  that  Arbor  Day  so  estab- 
lished, be  observed  by  the  people  of  the  State  in  [the]  plant- 
ing  of  trees,  shrubs  and  vines,  in   the  promotion  of    forest 
growth  and  culture,  in  the  adornment  of  public  and  private 
grounds,  places   and  ways,  and   in  such  other   efforts   and 
undertakings  as  shall  be  in  harmony  with  the  character  of 
the  day  so  established. 

ARTICLE   XVII. 

EDUCATION   OF   DEAF,  DUMB    AND   BLIND. 

SECTION  1.     The  Superintendent  of   Public  Instruction  is  care  of  deaf, 
authorized  and  required    to  make   arrangements    with    the  Jjjjj and 
Directors   of   the   Institution  for   the  Deaf   and   Dumb  and 
Blind,  at  San  Francisco  (now  Berkeley),  in  the  State  of  Cali- 
fornia, for  the  admission,  support,  education  and  care  of  the 
deaf  and  dumb  and  blind  of  this  State,  and  for  that  purpose 
is   hereby  empowered   to   make   all   needful   contracts   and 
agreements  with  said  Directors  to  carry  out  the  provisions  of 
this  Act. 

SEC.  2.  Upon  the  application,  under  oath,  of  a  parent  or  Qualification 
nearest  friend  of  any  deaf,  dumb  or  blind  person,  resident  of  of  aPPlicant- 
this  State,  setting  forth  that  by  reason  of  deafness,  dumbness 
or  blindness,  such  person  is  disqualified  from  being  taught 
by  the  ordinary  process  of  instruction,  and  that  the  parents 
or  guardian  of  said  person  are  unable  to  pay  for  his  or  her 
support  or  education  in  the  aforesaid  institution,  and  file  the 
same  with  the  Board  of  County  Commissioners  of  the  proper 
county,  and  said  Board  shall  be  satisfied  of  the  truth  thereof, 
and  such  Board  shall  have  made  application  to  the  Superin- 
tendent of  Public  Instruction  for  that  purpose,  it  shall  be 
the  duty  of  the  Superintendent  of  Public  Instruction  to  issue 


32 


SCHOOL   LAWS   OF   NEVADA. 


to  benefits. 


a  certificate  to  that  effect;  which  certificate,  being  produced, 
shall  be  the  authority  of  the  Directors  of  the  institution 
aforesaid  for  receiving  such  deaf  and  dumb  or  blind  person 
as  a  pupil. 

SEC.  3.  All  deaf  and  dumb  or  blind  persons  between  the 
whoentitied  ages  of  eight  and  twenty-one  years,  that  are  not  mentally  or 
physically  incapacitated  to  receive  an  education;  that  are 
free  from  contagious  or  offensive  diseases,  and  whose  parents 
or  guardians  reside  in  the  State  of  Nevada,  and  are  not  able 
to  pay  for  their  support  and  education  in  the  aforesaid  insti- 
tution, shall  be  entitled  to  the  benefits  intended  by  the  Act; 
and  it  is  hereby  made  the  duty  of  the  Board  of  County  Com- 
missioners of  such  county  to  make  provisions,  at  the  expense 
of  the  county  carrying  such  pupil,  to  the  office  of  the  Super- 
intendent of  Public  Instruction,  who  shall  make  necessary 
arrangements  for  carrying  the  pupil  to  the  institution  of 
instruction  before  mentioned,  at  the  expense  of  the  State, 
payable  out  of  the  fund  provided  by  this  Act. 


School 

attendance 

required. 


Trustees  to 


ARTICLE   XVIII. 

COMPULSORY  EDUCATION. 

SECTION  1.  Every  parent,  guardian  or  other  person  in  the 
State  of  Nevada,  having  control  or  charge  of  a  child  or  chil- 
dren, between  the  ages  of  eight  and  fourteen  years,  shall  be 
required  to  send  such  child  or  children  to  a  public  school  for 
a  period  of  at  least  sixteen  weeks  in  each  school  year,  at  least 
eight  weeks  of  which  shall  be  consecutive,  unless  such  child 
or  children  are  excused  from  such  attendance  by  the  Board 
of  School  Trustees  of  the  school  district  in  which  such  par- 
ents or  guardians  reside,  upon  its  being  shown  to  their  satis- 
faction that  the  bodity  or  mental  condition  of  such  child  or 
children  has  been  such  as  to  prevent  his  or  her  or  their 
attendance  at  school,  or  application  to  study  for  the  period 
required,  or  that  such  child  or  children  are  taught  in  a  pri- 
vate school  or  at  home,  in  such  branches  as  are  usually 
taught  in  primary  schools,  or  have  already  acquired  the  ordi- 
nary branches  of  learning  taught  in  the  public  schools;  pro- 
vided, in  case  a  public  school  shall  not  be  taught  for  the 
period  of  sixteen  weeks,  or  any  part  thereof,  during  the  year, 
within  two  miles  by  the  nearest  traveled  road,  of  the  resi- 
dence of  any  person  within  the  school  district,  he  or  she  shall 
not  be  liable  to  the  provisions  of  this  Act. 

SEC.  2.  It  shall  be  the  duty  of  the  Board  of  School  Trus- 
tees of  each  school  district  in  the  State,  on  or  before  the  first 
Monday  in  September  of  each  year,  to  furnish  the  Principal 
of  each  public  school  taught  in  such  district  with  a  list  of  all 
children  resident  in  the  school  district,  between  the  ages  of 
eight  and  fourteen  years,  said  list  to  be  taken  from  the  report 
of  the  School  Census  Marshal.  At  the  beginning  of  each 


SCHOOL    LAWS   OF   NEVADA.  33 

school  month  thereafter,  it  shall  be  the  duty  of  the  Principal 
of  each  school  in  such  district  to  report  to  the  Board  of  School 
Trustees  of  such  district,  the  names  of  all  children  attending 
school  during  the  previous  school  month;  when,  if  it  shall 
appear,  at  the  expiration  of  four  school  months,  to  the  Board 
of  School  Trustees,  that  any  parent,  guardian  or  other  person 
having  charge  or  control  of  any  child  or  children,  shall  have 
failed  to  comply  with  the  provisions  of  this  Act,  the  Board 
shall  cause  demand  to  be  made  upon  such  parent,  guardian 
or  other  person,  for  the  amount  of  the  penalty  hereinafter 
provided;  when,  if  such  parent,  guardian  or  other  person 
shall  neglect  or  refuse  to  pay  the  same  within  five  days  after 
the  making  of  said  demand,  the  Board  shall  commence  pro- 
ceedings, in  the  name  of  the  school  district,  for  the  recovery 
of  the  fine  hereinafter  provided,  before  any  Justice  of  the 
Peace  in  the  township  in  which  said  school  district  is  located; 
or,  if  there  shall  be  no  Justice  of  the  Peace  therein,  then 
before  the  nearest  Justice  of  the  Peace  in  the  county. 

SEC.  3.  Any  parent,  guardian  or  other  person  having  con-  Penalty 
trol  or  charge  of  any  child  or  children,  failing  to  comply  with 
the  provisions  of  this  Act,  shall  be  liable  to  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars  for  the 
first  offense,  nor  less  than  one  hundred  dollars  nor  more  than 
two  hundred  dollars  for  the  second  and  each  subsequent 
offense,  besides  the  cost  of  collection. 

SEC.  4.  Whenever  it  shall  appear  to  the  satisfaction  of  the  Trustees  to 
Board  of  School  Trustees  of  any  school  district  in  this  State  books? etc., 
that  the  parents,  guardians  or  other  persons  having  control 
and  charge  of  any  child  or  children  in  attendance  upon  the 
public  school  of  said  district,  in  accordance  with  the  provis- 
ions of  this  Act,  are  unable  to  procure  suitable  books,  station- 
ery, etc.,  for  such  child  or  children,  it  shall  be  the  duty  of 
such  Board  to  procure  or  cause  to  be  procured,  for  such  child 
or  children,  all  necessary  books,  stationery,  etc.,  the  same  to 
be  paid  for  out  of  the  fund  of  said  school  district,  in  the  same 
way  that  other  claims  against  the  school  district  are  now 
allowed  and  paid;  provided,  that  all  books,  stationery,  etc., 
purchased  under  the  provisions  of  this  Act,  shall  be  deemed 
to  be  the  property  of  the  school  district,  to  be  under  the  care 
and  control  of  the  School  Trustees  when  not  in  actual  use. 

SEC.  5.  All  fines  collected  under  the  provisions  of  this  Fines,  how 
Act  shall  be  paid  into  the  County  Treasury  on  account  of  the  disP°se<iof. 
State  School  Fund. 

SEC.  6.     It  shall  be  the  duty  of  the  County  Superintendent  county 
of  Public  Schools  in  each  county  in  this  State  to  cause  this  fSnt'to 
law  to  be  published  in  some  newspaper  in  his  county,  if  there  publish  this 
be  [one],  four  consecutive  times,  annually,  for  a  period  of  two  law' 
years,  the  expense  of  such  publication  to  be  allowed  and  paid 
out  of  the  General  School  Fund  of  the  county.     The  Board 
of  Scoool  Trustees  in  each  school  district  shall  cause  to   be 
posted,  annually  for  a  period  of  two  years,  in  three  public 


34 


SCHOOL   LAWS   OF   NEVADA. 


places  in  their  district,  notices  of  the  requirements  and  pen- 
alties of  this  law. 


Fund  created 
and  money 
distributed. 


State  funds, 
how  used. 


State 
Treasurer 
to  pay 
warrants." 


When  to  pay 
to  counties. 


ARTICLE   XIX. 

GENERAL   PROVISIONS   RELATING   TO    SCHOOL   FQNDS   AND   TAXES. 

SECTION  1.  The  principal  of  all  moneys  accruing  to  this 
State  from  the  sale  of  lands  heretofore  given  or  bequeathed, 
or  that  may  hereafter  be  given  or  bequeathed,  for  public 
school  purposes;  all  fines  collected  under  the  penal  laws  of 
the  State;  two  per  cent  of  the  gross  proceeds  of  all  toll  roads 
and  bridges;  and  all  estates  that  may  escheat  to  the  State, 
shall  be  and  the  same  are  hereb)''  solemnly  pledged  for  edu- 
cational purposes,  and  shall  not  be  transferred  to  any  other 
fund  for  other  uses,  but  shall  constitute  an  irreducible  and 
indivisible  fund,  to  be  Known  as  the  State  School  Fund,  the 
interest  accruing  from  which  shall  be  divided  semi-annually 
among  the  counties  in  this  State  entitled  by  the  provisions 
of  this  Act  to  receive  the  same,  in  proportion  to  the  ascer- 
tained number  of  persons  between  the  ages  of  six  and  eigh- 
teen years,  in  said  counties,  for  the  support  of  public  schools. 

SEC.  2.  No  portion  of  the  public  school  funds,  nor  of 
moneys  raised  by  State  tax,  or  specially  appropriated  for  the 
support  of  public  schools,  shall  be  devoted  to  any  other  object 
or  purpose;  nor  shall  any  portion  of  the  public  school  funds, 
nor  of  money  raised  by  State  tax  for  the  support  of  public 
schools,  be  in  any  way  segregated,  divided  or  set  apart  for 
the  use  or  benefit  of  any  sectarian  or  secular  society  or  asso- 
ciation. 

SEC.  3.  The  school  moneys  distributed  to  the  various  coun- 
ties of  this  State,  from  the  State  school  funds,  shall  not  be 
used  for  any  other  purpose  than  the  payment  of  qualified 
teachers,  under  this  Act;  and  no  portion  of  said  funds  shall, 
either  directly  or  indirectly,  be  paid -for  the  erection  of  school 
houses,  the  use  of  school  rooms,  furniture,  or  any  other  con- 
tingent expenses  of  public  schools. 

SEC.  4.  It  shall  be  the  duty  of  the  State  Treasurer  to  pay 
over  all  public  school  moneys  received  by  him  only  on  war- 
rants of  the  State  Controller,  issued  upon  orders  of  the 
Superintendent  of  Public  Instruction,  under  seal  of  the  Board 
of  Education,  in  favor  of  County  Treasurers,  or  on  orders  of 
the  State  Board  of  Education,  for  purposes  of  investment,  as 
provided  in  section  three  of  this  Act,  which  orders,  duly 
endorsed,  shall  be  valid  vouchers  in  the  hands  of  the  State 
Controller  for  the  disbursement  of  public  school  moneys. 

SEC.  5.  All  school  moneys  due  each  county  in  the  State 
shall  be  paid  over  by  the  State  Treasurer  to  the  County  Treas- 
urers on  the  tenth  day  of  January  and  the  tenth  day  of  July 
of  each  year,  or  as  soon  thereafter  as  the  County  Treasurer 
may  apply  for  the  same,  upon  the  warrant  of  the  State  Con- 
troller, drawn  in  conformity  with  the  apportionment  of  the 


statement. 


SCHOOL    LAWS   OF   NEVADA.  35 

Superintendent  of  Public  Instruction,  as  provided  in  section 
five  of  this  Act. 

SEC.  6.     The  State  Controller  shall  keep  a  separate  and  controller 
distinct   account   of   the    Public   School   Fund,  and    of    the  account, 
interest  and  income  thereof,  together  with  such  moneys  as 
shall  be  raised   by  State  tax,  or   special   appropriation,  or 
otherwise,  for  the  support  of  public  schools. 

SEC.  7.  The  State  Controller  shall,  on  or  before  the  tenth  TO  present 
day  of  April  and  the  tenth  day  of  October  of  each  year,  make  " 
to  the  State  Board  of  Education  a  statement  of  the  securities 
belonging  to  the  State  School  Fund.  He  shall  also,  on  or 
before  the  tenth  day  of  January  and  the  tenth  day  of  July 
of  each  year,  render  to  the  Superintendent  of  Public  Instruc- 
tion a  statement  of  the  moneys  in  the  treasury  subject  to 
distribution  to  the  several  counties  of  the  State,- as  provided 
in  section  five  of  this  Act. 

SEC.  8.  The  Board  of  County  Commissioners  of  each  county  TO  be  levied, 
shall  annually,  at  the  time  of  levying  other  county  taxes, 
levy  a  county  school  tax,  not  to  exceed  fifty  cents,  nor  less 
than  fifteen  cents,  on  each  one  hundred  dollars  valuation  of 
taxable  property,  which  tax  shall  be  added  to  the  county  tax, 
and  collected  in  the  same  manner,  and  paid  into  the  county 
treasury  as  a  special  deposit,  to  be  drawn  in  the  same  manner 
as  other  public  school  moneys;  and  should  said  County  Com- 
missioners fail  or  neglect  to  levy  said  fex  as  required,  it  shall 
be  the  duty  of  the  County  Auditor  to  add  such  tax  as  the 
County  Superintendent  of  Public  Schools  may  deem  sufficient, 
between  the  limits  of  fifteen  (15)  and  fifty  (50)  cents  on  each 
one  hundred  dollars  valuation  of  taxable  property  in  the 
county  to  the  assessment  roll,  to  be  collected  as  specified  in 
this  section. 

SEC.  9.     No    Tax    Collector    or    County   Treasurer   shall  NO 

f  ,•  i      i  £  TI      j.*  diminution 

receive   any  fees   or   compensation  whatever   for  collecting,  Of  proceeds 
receiving,  keeping,  transporting   or    disbursing   any   school  allowed- 
moneys  (except  what  may  be  specially  provided  for  in  this 
Act),  but  the  whole  moneys  collected,  as  provided  in  section 
forty-five  of  this  Act,  shall  be  paid  to  the  County  Treasurer, 
and  disbursed  by  him  according  to  law. 

SEC.  10.  An  ad  valorem  tax  of  one  half  of  one  mill  on  the  state  school 
dollar  of  all  taxable  property  in  the  State  is  hereby  levied,  taxleyied- 
and  directed  to  be  collected  and  paid  in  the  same  manner  as 
other  State  taxes  are  required  to  be  paid;  and  said  tax 
shall  be  known  as  the  State  school  tax,  and  the  Board  of 
Commissioners  of  the  several  counties  shall,  annually,  at  the 
same  time  other  State  taxes  are  levied,  add  this  to  the  other 
taxes  provided  by  law  to  be  levied  and  collected,  and  it  shall 
be  annually  collected  at  the  same  time  and  in  the  same  man- 
ner as  other  State  taxes  are  collected,  and  if  from  any  reason 
whatever,  in  any  year,  said  taxes  are  not  levied  as  herein 
required,  by  the  Board  of  County  Commissioners,  the  County 
Auditor  shall  enter  them  on  the  assessment  roll,  as  required 


36  SCHOOL    LAWS   OF   NEVADA. 

by  law  for  other  taxes.  All  moneys  derived  from  the  tax 
herein  levied  shall  be  paid  into  the  State  School  Fund  and 
be  apportioned  in  the  same  manner  as  other  money  in  that 
fund. 

SEC.  11.     There  shall  be  set  apart,  semi-annually,  five  per 
sum  set         cent  out  of  all  moneys  received  as  State  tax  for  school  pur- 
poses; and  such  amount  shall  be  distributed  pro  rata,  and  be 
paid  according  to  the  provisions  of  section  fourteen  of  this 
Act. 

SEC.  12.  It  shall  be  the  duty  of  the  County  Treasurer  of 
each  county: 

First — To  receive  and  hold  as  a  special  deposit  all  public 

Treasurer  to  s°hool  moneys,  whether  received  by  him  from  the  State  Treas- 

hoidandpay  urer  or  raised  by  the  county  for  the  benefit  of  public  schools, 

)ney'   or  from  any  other  source,  and   to  keep  a  separate  account 

thereof  and  of  their  disbursements. 

Second — On  receiving  any  public  school  moneys  subject  to 
distribution,  to  notify  the  County  Superintendent  of  Public 
Schools  of  the  amount  thereof. 

Third — To  pay  over  all  public  school  moneys  received  by 
him  only  on  warrants  of  the  County  Auditor,  issued  upon 
orders  of  the  County  Superintendent  of  Public  Schools  of 
such  county;  which  orders  shall  be  valid  vouchers  in  the 
hands  of  the  County  Auditors  for  warrants  drawn  upon  such 
orders.  • 

Fourth — On  or  before  the  first  day  of  October,  annually,  to 
Treasurer  to  ma^e  a  ^u^  report  to  the  Superintendent  of  Public  Instruction 
make  report,  of  the  public  school  moneys  received  into  the  county  treasury 
within  the  school  year  ending  on  the  last  day  of  August  next 
previous  thereto,  with  a  particular  statement  of  the  disburse- 
ments of  said  school  moneys,  and  of  any  amount  of  said  school 
moneys  which  remains  in  his  hands  for  distribution  at  the 
close  of  such  school  year,  designating  whether  of  State  or 
County  School  Fund;  and  in  case  of  failure  or  neglect  of  said 
County  Treasurer  to  make  such  report,  he  shall  forfeit,  for  the 
benefit  of  the  County  School  Fund,  the  sum  of  one  hundred 
dollars  from  his  official  compensation;  and  it  is  hereby  made 
the  duty  of  the  County  Commissioners,  on  notice  from  the 
Superintendent  of  Public  Instruction  of  such  failure  or  neglect 
Penalty  for  on  the  part  of  the  County  Treasurer,  to  deduct  one  hundred 
dollars  from  his  compensation,  and  place  said  amount  to  the 
credit  of  the  County  School  Fund. 

SEC.  12.     From  and  after  the  passage  of  this  Act,  the  State 
Treasurer  to  Treasurer   shall   be   the   legal   custodian   of   all    State   and 
e custodian.  flrationa]_  securities  in  which  the  moneys  of  the  State  (irre- 
ducible)  School    Fund  of  the  State  of   Nevada  are  or  may 
hereafter  be  invested,  and  for  their  safe  keeping  he  shall  be 
liable  on  his  official  bond. 

SEC.  13.     When  due  (after  procuring  the  Controller's  war- 
payment  of    rant  for  the  amount  thereof),  the  State  Treasurer  shall,  in 
the  presence  of  the  State  Board  of  Education,  or  a  majority 


SCHOOL    LAWS   OF   NEVADA.  37 

of  the  same,  cut  off  and  pay  the  coupon  on  such  State  securi- 
ties as  may  be  in  said  fund,  and  place  the  moneys  so  paid  in 
the  General  (distributing)  School  Fund  of  the  State,  and  keep 
a  correct  account  thereof  on  his  books. 

SEC.  14.     It  is  hereby  made  the  duty  of   the  State  Con- Duties  of 
troller,  quarterly,  to  notify  the  State  Board  of  Education  of  the  controller 
amount  of  money  in  the  State  School  Fund,  and  whenever  there  TreasurerT 
shall  be  a  sum  in  said  fund  sufficient  for  investment,  said 
Board  shall  direct  the  State  Treasurer  to  negotiate  for  invest- 
ment of  the  same  in  United  States  securities,  or  in  the  bonds 
of  this  State,  or  in  the  bonds  of  other  States,  at  the  lowest 
purchasable  rates,  and  the  Board  shall  then  draw  their  order 
upon  the  Controller  in  favor  of  the  State  Treasurer  for  the 
amount  to  be  invested.     Said  Controller  shall  thereupon  draw 
his  warrant  as  directed,  and  the  State  Treasurer  shall  com- 
plete the  purchase  of  the  securities  negotiated  for  by  him  in 
pursuance  of  this  Act;  provided,  that  before  any  such  invest- 
ment of  said  school  moneys  as  is  contemplated  by  the  pro- 
visions of  this  Act  is  made,  said  Board  of  Education  shall 
require  of  the  Attorney-General  of  this  State  his  legal  opinion  Duties  of  the 
as  to  the  validity  of  any  Act  or  Acts  of  any  State  under  which 
said  bonds  are  issued  and  in  which  said  Board  of  Education  are 
about  to  make  an  investment;  and  provided,  further,  that  in 
no  case  shall  any  bonds  be   purchased  as  herein  provided 
without  said  Board  of   Education  making  due  and  diligent  Duties  of 
inquiry  as  to  the  financial  standing  and  responsibility  of  the  of 
State  or  States  whose  bonds  it  is  proposed  to  purchase.     [As 
amended  Stats.  1891,  p.  14.] 


ARTICLE   XX. 

COUNTY   HIGH  SCHOOL. 

[Stats.  1895,  p.  28.] 

SECTION  1.     There  may  be  established  in  any  county  in  this  TO  establish 
State  a  High  School;  provided,  that  at  any  general  or  special  ^gh schools, 
election  held  in  said  county  after  the  passage  of  this  Act,  a 
majority  of  all  the  votes  cast  at  such  election,  upon  the  prop- 
osition to  establish  a  High  School,  shall  be  in  favor  of  estab- 
lishing and  maintaining  such  High  School  at  the  expense  of 
said  county. 

SEC.  2.     The  Board  of  County  Commissioners  at  any  gen-  Board  of 
eral  election   to  be  held  in  any  county  after  the  passage  of  S^one™" 
this  Act,  upon  the  presentation  of  a  petition  signed  by  fifty  ™u]8etrraake 
or  more  qualified  electors,  taxpayers  of  said  county,  at  any 
regular  meeting  of  said  Board,  held  not  less  than  eight  weeks 
before   any  general  or   special  election,  must  make  an  order 
submitting  the   question   of    establishing,  constructing   and 
maintaining  a  County  High  School  to  the  qualified  electors 
thereof.     The  Board  of  County  Commissioners,  upon  the  pre- 
sentation of  said  petition,  if  they  deem  it   expedient,  may 


38 


SCHOOL   LAWS   OF   NEVADA, 


Board  may 
order  special 
election. 


The  election 
held 

according  to 
law. 


Board  to 
locate  the 
school. 


County 
Board  of 
Education  to 
estimate  cost 
of  purchasing 
grounds, 
erecting 
buildings, 
etc. 


Special  tax  to 
be  levied  by 
Board  of 
County  Com- 
missioners. 


Building  to 
be  deeded  to 
County 
Board  of 
Education. 


order  a  special  election  for  such  purpose.  Said  election  shall 
be  conducted  in  the  manner  prescribed  by  law  for  conduct- 
ing elections,  and  the  ballots  at  such  elections  shall  have 
printed  thereon  the  words:  "For  a  County  High  School," 
and  the  words:  "Against  a  County  High  School."  The  votes 
cast  for  and  against  said  county  high  school  at  any  election 
therefor,  shall  be  counted  and  returns  thereof  made  and  can- 
vassed in  a  manner  provided  for  by  law  for  counting,  making 
returns  and  canvassing  the  votes  of  a  general  election;  pro- 
vided, that  the  election  officers  appointed  to  conduct  any 
special  election  held  for  said  purpose,  as  required  by  law, 
shall  perform  all  services  required  of  them  by  law  in  hold- 
ing and  conducting  such  elections,  without  any  fees  or  pay 
therefor. 

SEC.  3.  If  the  majority  of  all  the  votes  cast  on  the  propo- 
sition to  establish  a  High  School  are  in  the  affirmative  it 
shall  be  the  duty  of  the  Board  of  County  Commissioners, 
within  thirty  days  after  canvassing  said  vote,  to  locate  the 
school  in  some  suitable  and  convenient  place  in  said  county. 
The  County  Board  of  Commissioners,  together  with  the  County 
Board  of  Examiners,  who  shall  be  known  as  the  County 
Board  of  Education,  shall  also  at  the  same  time  estimate  the 
cost  of  purchasing  suitable  grounds,  erecting  a  building  and 
furnishing  the  same  for  the  accommodation  of  the  school, 
together  with  the  cost  of  conducting  such  school  for  the  next 
twelve  months;  provided,  that  the  County  Board  of  Education 
may  rent  suitable  rooms  for  the  accommodation  of  the  school. 
If  rooms  can  be  obtained  in  the  public  school  buildings  in  the 
place  in  which  said  school  shall  be  located,  such  rooms  shall 
be  given  the  preference. 

SEC.  4.  When  such  estimate  shall  have  been  made,  the 
Board  of  County  Commissioners  shall  thereupon  immediately 
proceed  to  levy  a  special  tax  upon  all  the  assessable  property 
of  the  county,  sufficient  to  raise  the  amount  estimated  as 
necessary  for  the  purchase  of  suitable  grounds,  procuring 
pl#ns  and  specifications,  erecting  a  building,  furnishing  the 
same,  fencing  and  ornamenting  the  grounds,  and  the  cost  of 
running  said  school  for  the  following  twelve  months.  Said 
tax  shall  be  computed,  entered  on  the  tax  roll,  and  collected 
in  the  same  manner  as  other  taxes  are  computed,  entered  and 
collected,  and  the  amount  so  collected  shall  be  deposited  in 
the  County  Treasury,  and  be  known  and  designated  as  the 
"  County  High  School  Fund,"  and  shall  be  drawn  from  the 
treasury  as  other  moneys  so  deposited  are  drawn. 

SEC.  5.  When  the  Board  of  County  Commissioners  shall 
have  properly  provided  and  completed  the  building,  together 
with  the  necessary  fencing  of  the  grounds  so  purchased,  they 
shall  cause  the  same  to  be  deeded  to  the  County  Board  of 
Education,  who  shall  hold  the  same  in  trust  for  the  county. 

SEC.  6.  The  Board  of  County  Commissioners  of  such 
counties  wherein  a  County  High  School  shall  be  established 


SCHOOL    LAWS   OF   NEVADA.  39 

shall,  after  the  expiration  of  the  term  for  which  the  County  TO  constitute 
Superintendent  holding  office  at  the  time  of  the  establish-  Boarcfot 
ment  of  a  County  High   School  in   that  county,  thereafter  Education, 
appoint  two  competent  persons,  who,  with  the  County  Super- 
intendent, shall  constitute  the  County  Board  of  Education. 
Such   appointment   shall   be   made   biennially  at   the   first 
meeting  of  the  Board  of  Commissioners  held  after  the  first 
day  of  January  following  the  election  of  a  County  Superin- 
tendent of  Schools,  and  the  persons  so  appointed  shall  hold 
their  office  two  years,  or  until  their  successors  are  appointed 
and  qualified. 

SEC.  7.     It  shall  be  the  duty  of  the  County  Board  of  Edu-  Duties  of 
cation   to  furnish,  annually,  an  estimate  of  the   amount  of  Boardof 
money  needed  to  pay  all  the  necessary  expenses  of  running  Educat1on- 
said  school;  to  adopt  the  necessary  text  books,  to  adopt  and 
enforce  a  course  of  study  for  said  school;  to  employ  suitable 
teachers,  janitors  and  other  employees,  and  discharge  such 
employees  when  sufficient  cause  therefor  shall  exist;  and  to 
do  any  and  all  other  things  necessary  to  the  proper  conduct 
of  the  school.    The  course  of  study  shall  be  such  as  will,  when 
it  is  completed  by  the  student,  fit  him  for  admission  to  the 
University  of  Nevada. 

SEC.  8.     It  shall  be  the  duty  of  the  Board  of  County  Com-  £°J?n17*Fi8* 

,      ,       .        ,,      .J  ,  .,         J  .   School  Fund. 

missioners  to  include  in  their  annual  tax  levy  the  amount 
estimated  by  the  County  Board  of  Education  as  needed  to 
pay  the  expenses  of  conducting  the  County  High  School;  and 
such  amount,  when  collected  and  paid  into  the  county 
treasury,  shall  be  known  as  the  "County  High  School  Fund," 
and  may  be  drawn  therefrom  for  the  purpose  of  defraying  the 
expenses  of  conducting  said  County  High  School,  in  the  man- 
ner now  provided  by  law  for  drawing  money  by  School 
Trustees. 

SEC.  9.     All  High  Schools  shall  ^be  open  for  the  admission  whoshaiibe 
of  such  pupils  residing  in  the  county  as  shall  be  able  to  pass  admitted- 
the  examination  for  admission,  which  examination  shall  be 
conducted  by  the  County  Board  of  Education  and  the  Prin- 
cipal of  the  County  High  School. 


ARTICLE   XXI. 

STATE    UNIVERSITY. 

[Stats.  1887,  p.  42.] 

SECTION  1.     There  shall  be  established  in  the  State  Univer-  Literary  and 
sity  of  Nevada,  a  school  for  the  instruction  of   teachers,  in  coSse^t 
which  shall  be  taught  all  the  branches  of  instruction  which  university 
are  taught  in  the  common  schools  of  this  State,  together  with 
the   theory  and   practice  of   teaching,   school   law,   botany, 
psychology,  and  geology.     There  shall  also  be  taught  in  said 
University,  chemistry,  assaying,  mineralogy,  surveying  and 
geology,  so  far  as  they  relate  to  the  theory  and  practice  of 


40 


SCHOOL    LAWS   OF   NEVADA. 


Regents. 


Election  of 
Regents. 


Powers  and 
duties  of 
Regents. 


mining,  agriculture  and  the  mechanic  arts.  There  shall  also 
be  taught  in  the  preparatory  department  of  said  University, 
type-writing,  shorthand,  telegraphy,  bookkeeping  and  com- 
mercial law,  so  far  as  they  relate  to  the  practical  affairs  of 
life.  [As  amended  Stats.  1891,  p.  92.] 

SEC.  2.  The  Governor,  Secretary  of  State  and  Superin- 
tendent of  Public  Instruction  shall  constitute  the  Board  of 
Regents  of  the  State  University  until  the  first  day  of  January, 
A.  D.  eighteen  hundred  and  eighty-nine,  and  until  their  suc- 
cessor^; are  elected  and  qualified.  There  shall  be  elected  at 
the  next  general  election,  in  the  same  manner  as  other  State 
officers  are  elected,  three  qualified  electors,  who  shall  consti- 
tute the  Board  of  Regents  of  the  State  University.  The  term 
of  office  of  two  of  the  Regents  so  elected,  shall  be  four  years 
from  the  first  day  of  January,  A.  D.  eighteen  hundred  and 
eighty-nine,  and  until  their  successors  are  elected  and  quali- 
fied. The  term  of  office  of  one  of  the  Regents  so  elected 
shall  be  two  years  from  and  after  the  first  day  of  January, 
A.  D.  eighteen  hundred  and  eighty-nine,  and  until  his  suc- 
cesssor  is  elected  and  qualified.  And  thereafter  at  each 
general  election  preceding  the  expiration  of  the  term  of  office 
of  any  member  of  the  Board  of  Regents  a  successor  shall  be 
elected  in  the  same  manner  as  other  State  officers  are  elected. 
The  persons  elected  as  Regents  under  the  provisions  of  this 
Act,  before  entering  upon  the  duties  of  their  office,  shall  take 
and  subscribe  the  official  oath  and  file  the  same  in  the  office 
of  Secretary  of  State.  In  case  of  vacancy  in  said  Board  of 
Regents,  after  the  same  shall  have  been  filled  by  election  as 
herein  provided,  the  Governor  shall  fill  the  same  by  appoint- 
ment x  until  the  next  general  election,  when  such  vacancy 
shall  be  filled  by  election,  as  herein  provided. 

SEC.  3.  The  powers  and  duties  of  the  Board  of  Regents 
are  as  follows: 

First — To  prescribe  rules  for  their  own  government,  and 
for  the  government  of  the  University. 

Second — To  prescribe  rules  for  the  reports  of  officers  and 
teachers  of  the  University. 

Third — To  prescribe  the  course  of  study,  the  time  and 
standard  of  graduation,  and  the  commencement  and  dura- 
tion of  the  terms,  and  the  length  of  the  vacations  of  the 
University. 

Fourth — To  prescribe  the  text-books,  and  provide  apparatus 
and  furniture  for  the  use  of  pupils. 

Fifth — To  appoint  a  President  of  the  University,  who  shall 
have  a  diploma  from  some  recognized  college  of  learning  of 
good  standing,  or  some  State  Normal  School,  who  has  had  at 
least  five  years  of  practical  experience  as  an  instructor; 
who  is  familiar  with  the  modern  methods  of  imparting 
instruction  generally  approved  in  the  United  States,  and 
who  shall  be  endorsed  as  to  moral  character  and  qualifica- 
tions as  an  instructor  by  the  President  and  Faculty  of  three 


SCHOOL    LAWS   OF    NEVADA.  41 

institutions  of  learning  authorized  by  law  to  confer  degrees. 

Sixth — To  prescribe  the  duties  of  the  President,  and  fix  Powere^and 
his  salary  and  the  salaries  of  all  other  teachers  in  the  Uni-  Regents, 
versity. 

Seventh — To  require  the  President,  under  their  direction, 
to  establish  and  maintain  training  or  model  schools,  and 
require  the  pupils  of  the  University  to  teach  and  instruct 
classes  therein. 

Eighth — To  control  the  expenditures  of  all  moneys  appro- 
priated for  the  support  and  maintenance  of  the  University, 
and  all  moneys  received  from  any  source  whatsoever. 

Ninth — To  keep  open  to  public  inspection  an  account  of 
receipts  and  expenditures. 

Tenth — To  annually  report  to  the  Governor  a  statement  of 
all  their  transactions,  and  of  all  other  matters  pertaining  to 
the  University. 

Eleventh — To  transmit  with  such  report  a  copy  of  the 
President's  annual  report. 

Twelfth — To  revoke  any  diploma  by  them  granted,  on 
receiving  satisfactory  evidence  that  the  holder  thereof  is 
addicted  to  drunkenness,  is  guilty  of  gross  immorality,  or  is 
reputably  dishonest  in  his  or  her  dealings;  provided,  that  such 
person  shall  have  at  least  thirty  days'  previous  notice  of  such 
contemplated  action,  and  shall,  if  he  or  she  asks  it,  be  heard 
in  his  or  her  own  defense. 

SEC.  4.     The  Board  of   Regents  shall   have  the  power  to  chairman  to 
appoint   a    Chairman,  who   shall  receive   no   compensation beapp01 
therefor,  nor  shall  any  member  receive  any  compensation  for 
his  services  except  necessary  expenses  in  attending  meetings 
of  the  Board.     The  Board  of  Regents  may  employ  a  Clerk 
of   said   Board,  who  shall   receive   a   salary  of   twenty-five 
dollars  per  month,  and  who   shall  keep  a  full  record  of  all 
proceedings  of  the  Board,  which  shall  at  all  times  be  open  to 
public  inspection,  and  said  Clerk  shall  not  be   a  teacher  in 
said  University. 

SEC.  5.  The  Board  must  hold  four  regular  meetings  in 
each  year,  and  may  hold  special  meetings  at  the  call  of  the 
Chairman  of  the  Board. 

SEC.  6.  The  President  of  the  University  must  make  a 
detailed  annual  report  to  the  Board  of  Regents,  with  a  cata- 
logue of  pupils,  and  such  other  particulars  as  the  Board  may 
require  or  he  may  think  useful. 

SEC.  7.     Upon  the  recommendation  of  the  President  of  the  Academic 
University,  the  Board  of  Regents  shall  issue  to  those  who?8S?h°w 
worthily  complete  the  full  course  of  study  in  the  School  of 
Mines,  or  in  the  School  of  Agriculture,  or  in  the  School  of 
Liberal  Arts,  or  in  any  equivalent  course  that  may  hereafter 
be  prescribed,  a  diploma  of  graduation,  conferring  the  proper 
academic  degree,  from  the  Nevada  State  University;  and  no 
diploma  bearing  the  distinctive  title,  "  Nevada  State  Univer- 
sity," shall  be  issued  to  any  one  who  has  not  completed  the 


42 


SCHOOL   LAWS   OF   NEVADA. 


Nevada  State 

Normal 

School. 

State  High 

School 

certificates. 


Life  diploma. 


Grammar 

grade 

diploma. 


Cause  for 
revocation. 


Diploma  of 
graduation. 


Duty  of 
President  of 
University. 


full  course  of  study  as  above  set  forth.  Upon  the  recommen- 
dation of  the  President  of  the  University,  the  Board  of 
Regents  shall  issue  to  those  who  worthily  complete  the  full 
four  years'  course  of  study  prescribed  in  the  Nevada  State 
Normal  School,  a  department  of  the  State  University,  a 
diploma  of  graduation,  and  said  diploma  shall  bear  the  head- 
ing, "The  Nevada  State  Normal  School,"  and  to  all  persons 
receiving  this  diploma,  the  State  Board  of  Education  shall 
issue  a  State  High  School  certificate  of  the  first  grade,  good 
for  five  years.  To  the  holders  of  the  above  State  High  School 
certificates  of  the  first  grade,  the  State  Board  of  Education 
shall  grant  a  life  diploma  when  said  graduates  of  the  Nevada 
State  Normal  School  shall  have  completed  at  least  five  years 
of  successful  instruction  in  the  public  schools  of  Nevada,  or 
of  any  other  State.  Upon  the  recommendation  of  the  Presi- 
dent of  the  University,  the  Board  of  Regents  shall  issue  to 
those  who  worthily  complete  the  three  years'  course  of  study 
prescribed  in  the  Nevada  State  Normal  School,  a  grammar 
grade  diploma  of  graduation,  and  said  diploma  shall  bear 
the  heading,  "Nevada  State  Normal  School  Grammar  Grade 
Diploma,"  and  to  all  persons  receiving  this  grammar  grade 
diploma,  the  State  Board  of  Education  shall  grant  a  grammar 
grade  State  certificate  good  for  five  years.  The  Board  of 
Regents  may  require  said  Normal  School  graduates,  before 
granting  the  diplomas  herein  provided  for,  to  sign  the  fol- 
lowing obligation:  "I  hereby  agree  to  report  to  the  Presi- 
dent of  the  University,  by  letter,  at  least  twice  a  year  for 
three  years  after  my  graduation,  and  once  a  year  thereafter, 
so  long  as  I  continue  in  the  profession  of  teaching,  and  when 
I  shall  leave  the  profession  I  will  report  the  fact  to  him,  with 
the  cause  therefor.  A  failure  to  make  such  reports  may  be 
considered  sufficient  cause  for  the  revocation  of  my  diploma." 
And  further,  it  is  hereby  expressly  provided  that  the  gradu- 
ates of  the  Nevada  State  Normal  School  for  the  year  1895 
shall  receive  their  diplomas  and  State  certificates  according 
to  the  Act  of  March  19,  1891,  hereby  amended.  Upon  the 
recommendation  of  the  President  of  the  University,  the 
Board  of  Regents  shall  issue  to  those  who  worthily  complete 
the  full  course  of  study  in  any  other  department  of  the  Uni- 
versity, not  equivalent  to  a  regular  University  course,  a 
diploma  of  graduation,  but  said  diploma  shall  bear  the  name 
of  the  department  from  which  it  is  issued,  and  in  no  case  to 
bear  the  heading  of  the  regular  University  diploma.  [As 
amended  Stats.  1895,  p.  89.] 

SEC.  8.  It  shall  be  the  duty  of  the  President  of  the  Uni- 
versity to  instruct  in  the  University,  and,  under  the  direction 
of  the  Board  of  Regents,  to  manage  all  matters  connected 
with  the  institution,  to  employ  assistant  teachers  and  serv- 
ants, purchase  supplies  and  make  monthly  statements  to  the 
Board  of  Regents  of  all  receipts  and  expenditures,  supported 
by  vouchers. 


SCHOOL   LAWS   OF   NEVADA.  43 

SEC.  9.     There  shall  be  no  discrimination  in  the  admission  NO  dis- 
of  pupils  on  account  of  sex,  race  or  color;  but  no  person  shall CI 
be  admitted  who  is  not  of  good  moral  character,  and  who  has 
not  arrived  at  the  age  of  fifteen  years,  and  passed  such  an 
examination  as  shall  be  prescribed  by  the  Board  of  Regents, 
and   no  person  under  said  age  shall  hereafter  be  taught  in 
said  institution. 

SEC.  10.     Tuition  shall  be  free. 

SEC.  11.  The  State  Superintendent  of  Public  Instruction 
must  visit  the  University  at  least  every  three  months,  inquire 
into  its  condition  and  management  and  report  to  the  Board 
of  Regents  quarter-yearly  the  condition  of  the  institution, 
with  such  suggestions  as  he  may  deem  proper. 

SEC.  12.  All  expenses  incurred,  of  every  name  and  nature,  Duties  of 
involving  the  payment  of  money  by  or  under  the  direction  of 
the  Board  of  Regents  of  the  University,  shall  be  passed  upon 
by  the  Board  of  Examiners  as  other  accounts  against  the 
State,  and  be  paid  out  of  the  moneys  appropriated  for  the 
University. 


ORES   TO   BE   ANALYZED   AT   THE   UNIVERSITY. 

[Stats.  1895,  p.  76.] 

SECTION  1.  It  shall  be  the  duty  of  the  President  of  the  Relating  to 
State  University,  in  addition  to  his  other  duties  as  fixed  by  anaSySsat 
law,  to  cause  to  be  analyzed  by  an  assistant,  teacher,  or  state 

V.,  .,  7.        University. 

teachers  employed  at  the  btate  University,  any  ores,  min- 
eral, soil  or  water  taken  from  within  the  boundaries  of  the 
State  of  Nevada,  and  sent  by  any  citizen  of  said  State 
for  that  purpose.  Any  citizen  of  the  State  may  send  any 
such  substances  and  have  the  same  analyzed  free  of  charge, 
and  the  result  of  the  same  returned  to  him  by  mail  with  as 
near  as  possible  an  explanation  of  their  uses  and  value  in 
market,  and  there  shall  be  kept  at  the  State  University  a 
book  of  record  open  for  inspection,  under  such  rules  as  may 
be  made  by  the  Regents,  of  all  mineral,  ores  or  other  matters 
so  sent,  with  the  history  of  such  mineral  or  other  matters, 
stating  the  name  of  the  person  or  persons  from  whom 
received,  the  district  and  county  from  which  it  came;  and  . 
all  other  matters  that  may  be  beneficial  touching  the  same. 
A  duplicate  of  the  sample  analyzed,  as  far  as  practicable, 
shall  be  kept  at  the  University,  properly  labeled,  so  as  to 
correspond  to  the  record,  and  properly  preserved. 

SEC.  2.     If  the  same  kind  of  matter  for  analysis  is  sent  Relating  to 
from  the  same  place  it  shall  not  be  necessary  to  analyze  the  dupifc8atein 
same,  but  a  duplicate  of  the  analysis  shall  be  sent  by  mail 
to  the  person  desiring  the  same. 

SEC.  3.     Samples  for  analysis  shall  be  analyzed  in  the  order 
received. 

SEC.  4.  Sample  assays  for  gold  or  silver  shall  be  made,  Assays  for 
and  when  the  value  per  ton  exceeds  five  dollars  in  gold,  the 


44 


SCHOOL    LAWS    OF    NEVADA. 


returns  shall  state  the  fact  thus,  "Test  for  gold."  And  when 
the  value  per  ton  exceeds  five  dollars  in  silver  the  returns 
shall  state  the  fact  thus,  "Test  for  silver."  [As  amended 
Stats.  1897,  p.  91.] 


Board 
created. 


Term  of 
office. 


Who  shall 
act. 


Duties  of 
Board. 


Notice  to 
Board. 


No  com- 
pensation. 


ARTICLE   XXII. 

HONORARY   BOARD   OF   VISITORS   OF  NEVADA   STATE   UNIVERSITY. 

[Stats.  1895,  p.  40.] 

SECTION  1.  There  is  hereby  created  a  Board  to  be  known 
as  the  Honorary  Board  of  Visitors  of  the  Nevada  State 
University.  Said  Board  shall  consist  of  fifteen  members. 
The  Chief  Justice  of  the  Supreme  Court  shall  be  ex  officio  a 
member  and  the  Chairman  of  said  Board.  In  the  absence 
of  said  Chief  Justice  the  members  of  the  Board  may  elect 
one  of  their  number  to  act  as  Temporary  Chairman.  The 
term  of  office  of  the  members  of  said  Board  shall  be  two 
years  from  the  date  of  their  appointment  and  until  their 
successors  are  appointed. 

SEC.  2.  The  Governor  shall  appoint  and  commission, 
within  forty  days  after  the  passage  of  this  Act,  from  each 
county,  one  suitable  and  discreet  person  who  is  interested  in 
higher  education  and  who  is  an  actual  resident  of  said  county 
as  a  member  of  said  Board. 

SEC.  3.  It  shall  be  the  duty  of  said  Board  of  Visitors  to 
meet  annually  at  the  seat  of  the  Nevada  State  University 
during  commencement  week,  and  inspect  the  grounds,  build- 
ings and  equipment  of  said  University,  and  also  inquire  into 
the  actual  state  of  the  discipline,  instruction,  police  adminis- 
tration and  other  affairs  or  concerns  of  the  University.  The 
Board  of  Visitors  shall  report  thereon  to  the  Governor  within 
thirty  days  after  each  annual  meeting,  for  the  information  of 
the  people  of  the  State  and  of  the  next  succeeding  Legislature 
of  the  State,  their  action  as  such  Visitors,  with  their  views 
and  recommendations  concerning  the  University,  such  as  they 
shall  deem  wise  and  just  and  for  the  best  interests  of  the 
University. 

SEC.  4.  The  President  of  the  University  shall  cause  at 
least  thirty  days'  notice  to  be  given  to  the  members  of  the 
Honorary  Board  of  Visitors  of  the  time  and  place  of  their 
annual  meeting. 

SEC.  5.  No  compensation  shall  be  made  to  the  members 
of  said  Board  of  Visitors  for  their  services  or  for  their  travel- 
ing expenses,  but  the  Board  of  Regents  shall  pay  out  of  the 
University  Contingent  Fund  their  expenses  for  board  and 
lodging  while  at  the  University. 


ACTS  RELATIVE  TO  EDUCATION. 


SPECIAL   CERTIFICATES. 

An  Act  to  authorize  the  State  Board  of  Education   to  issue 
special  certificates  to  teach. 
[Approved  March  14,  1899,  p.  87.] 

SECTION  1.    The  State  Board  of  Education,  or  a  majority  of  state  Board 
said  Board,  are  hereby  authorized,  and  it  shall  be  their  duty,  JJJgSSBS 
to  issue  special  certificates,  good  for  two  years,  authorizing  issue  special 
persons  to  teach  any  of  the  following  subjects,  to  wit:     Music, ce 
drawing,  penmanship,  kindergarten  work    and   any  of   the 
foreign  languages,  in  the  public  schools  of  this  State,  when 
employed  by  the  Trustees  of  any  school  district  for  that  pur- 
pose; provided,  that  a  person  applying  for  a  certificate  to  teach 
any  of  the  above  subject?,  shall  first  satisfy,  in  such  a  man- 
ner as  they  shall  deem  proper,  a  majority  of  said  Board  of 
Education  that  he  or  she  is  thoroughly  qualified  to  teach  that 
subject. 

SEC.  2.     It  shall  be  a  misdemeanor  punishable  by  a  fine  Misdemeanor 
not  to  exceed  one  hundred  dollars  for  any  School  Trustee  to 
draw  a  voucher  upon  any  school  fund  within  this  State  in 
payment  for  services  in  teaching  any  branches  of  study  not 
authorized  by  the  certificate  held  by  the  teacher. 

SEC.  3.     All  Acts  or  parts  of  Acts  in  conflict  with  the  pro-  Repeal, 
visions  of  this  Act  are  repealed  to  the  extent  of  such  conflic- 
tion. 

LIBRARY   LAWS. 

An  Act  to  provide  for  free  public  libraries,  and  other  matters 

relating  thereto. 
[Approved  March  16,  1895,  p.  79.] 

SECTION  1.     Whenever  in  any  county  in  the  State  of  Nevada  Estabiisii- 
of  over  seven  thousand  inhabitants  a  petition  or  petitions  for  SSL011 
the  establishment  of  a  free  public  library,  certified  by  the  Dis-  libraries- 
trict  Judge  of  any  Judicial  District  of  the  State  of  Nevada  as 
being  signed  by  a  majority  of  the  taxpayers,  or  by  taxpayers 
representing  a  majority  of  the  taxable  property,  as  shown  by 
the  last  preceding  assessment  roll  of  any  city,  unincorporated 
town  or  school  district,  shall  be  presented  to  the  Board  of 
County  Commissioners  of  the  county  in  which  said  city,  unin- 
corporated town  or  school  district  is  situated,  accompanied 
by  affidavit  of  one  or  more  of  the  signers  thereof  that  the  sig- 
natures thereto  are  genuine,  the  said  Board  of  County  Com- 


46 


SCHOOL    LAWS   OF   NEVADA. 


Tax  levy. 

Library  fund, 
Tax  levy. 


State  Board 
of  Education 
to  name 
Library 
Trustees. 


To  serve 
without  com- 
pensation. 


Powers  of 

Library 

Trustees. 


Manner  of 

paying 

claims. 


missioners  shall  within  ten  days  after  said  petition  or 
petitions  are  so  presented  levy  a  tax  upon  all  taxable  prop- 
erty of  said  city,  unincorporated  town,  or  school  district  of 
ten  cents  and  no  more,  on  each  one  hundred  dollars  valuation 
of  the  taxable  property  therein  for  the  purpose  of  creating  a 
fund  to  be  known  as  the  "Library  Fund."  And  each  year 
thereafter  said  Board  of  County  Commissioners,  at  the  time 
and  in  the  manner  other  taxes  are  levied,  shall  levy  a  tax 
upon  said  property  for  said  purpose  of  ten  cents  and  no  more 
on  each  one  hundred  dollars  valuation  thereof.  [As  amended 
Stats.  1901,  p.  37.] 

SEC.  2.  The  State  Board  of  Education  of  Nevada,  when- 
ever notified  that  a  petition  has  been  presented  as  provided 
in  section  one  of  this  Act,  shall  appoint  three  competent  per- 
sons who  are  residents  of  such  city,  unincorporated  town  or 
school  district,  to  be  known  as  Library  Trustees,  who  shall 
hold  office  for  the  period  of  one,  two,  and  three  years  respect- 
ively, and  said  State  Board  of  Education  shall  annually 
thereafter  appoint  one  Library  Trustee,  who  shall  hold  office 
for  the  period  of  three  years,  and  all  vacancies  which  may 
occur  at  any  time  in  the  said  office  of  Library  Trustee  shall 
be  filled  by  appointment  by  the  said  State  Board  of  Educa- 
tion; said  Trustees  shall  serve  without  compensation,  and 
shall  hold  office  until  their  successors  are  appointed  and 
qualified.  [As  amended  Stats.  1901,  p.  38.] 

SEC.  3.  Said  Library  Trustees  shall  have  power  to,  and 
shall  establish  and  maintain,  a  library  and  reading  room, 
make  purchases,  secure  rooms,  employ  assistants,  appoint 
officers,  establish  by-laws  and  regulations,  and  manage  and 
control  the  affairs  and  business  of  said  library;  and  they  and 
their  successors  shall  hold  and  possess  the  property  and 
effects  of  said  library  and  reading  room  in  trust  for  the  pub- 
lic and  for  the  purpose  of  said  library  and  reading  room,  and 
may,  as  said  Library  Trustees,  and  for  the  purpose  hereinbe- 
fore provided,  acquire  and  hold  real  estate  and  personal 
property,  by  purchase  or  bequest,  and  administer  any  trust 
declared  or  created,  for  such  library  or  reading  room,  and 
may  prosecute,  maintain  or  defend  any  action  in  reference  to 
the  property  or  affairs  of  said  library  and  reading  room. 

SEC.  4.  All  claims  for  indebtedness  incurred  or  created  by 
said  Library  Trustees  shall  be  audited  by  a  majority  of  said 
Library  Trustees,  and  presented  to  and  acted  upon  by  the 
Board  of  County  Commissioners,  and  paid  out  of  said  Library 
Fund  in  the  same  manner  as  claims  against  the  county  are 
presented,  acted  upon  and  paid.  No  indebtedness  in  excess 
of  the  amount  of  money,  to  be  realized  in  any  year  from  said 
levy  for  said  Library  Fund,  shall  be  incurred  by  said  Library 
Trustees,  or  allowed  by  the  Board  of  County  Commissioners, 
and  in  no  case  shall  any  claim  except  for  library  and  read- 
ing-room purposes  be  allowed  or  paid  out  of  said  Library 
Fund. 


SCHOOL   LAWS   OF   NEVADA.  47 

SEC.  5.     Said  library  and  reading  room  shall  forever  be  Library  and 
and  remain  free  and   accessible  to  the  people  of  such  city,  ™e°ms 
unincorporated  town  or  school  district,  subject  to  such  reason- 
able rules  and  regulations  as  said  Library  Trustees  may  adopt. 


UNIFORM    SERIES    OF    TEXT   BOOKS. 

An  Act  to  provide  for  a  uniform  series  of  text  books  in  the 
public  schools  of  Nevada. 

[Approved  March  8,  1901,  p.  50.] 

SECTION  1.  The  series  of  text  books  in  reading,  writing, 
spelling,  arithmetic,  grammar,  geography,  history  of  the 
United  States,  physiology,  drawing  and  language  prescribed 
by  the  State  Board  of  Education,  and  in  use  in  the  public 
schools  of  Nevada  on  the  first  day  of  January,  1901,  is  hereby 
adopted. 

SEC.  2.     Said  series  of  text  books  shall  be  used  in  all  the  TO  be  used  m 
public  schools  of  this  State,  and  no  school  shall  receive  its  J^SSs. 
pro  rata  of  public  school  moneys  unless  such  text  books  are 
used.     No  change  shall  be  made  in  said  series  except  by  an  NO  change  to 
Act  of  the  Legislature;  provided,  no  such   change  in  books  b£ 
shall  be  made  more  often  than  once  in  four  years. 


AMPLIFYING   POWERS   OF    SCHOOL    TRUSTEES. 

An  Act  to  amplify  the  powers  of  Boards  of  School  Trustees. 
[Approved  March  20,  1901,  p.  97.] 

SECTION  1 .     The  Board  of  School  Trustees  of  the  respective  Board  of 
school  districts  of  the  State  of  Nevada  are  hereby  given  such  Trustees, 
reasonable  and  necessary  powers,  not   conflicting   with  the 
Constitution  and  laws  of  the  State  of  Nevada  as  may  be  requi- 
site to  attain  the  ends  for  which  the  public  schools  are  estab- 
lished, and  to  promote  the  welfare  of  school  children. 

SEC.  2.     The  School   Trustees  are  hereby  given  power  to  TO  enforce 
make  and  enforce  needful  sanitary  regulations,  and  to  make  regulations 
and  enforce  such  rules  for  preventing  the  spread  of  contagious 
and  infectious  diseases  as  they  may  deem  necessary. 

SEC.  3.     The  School  Trustees,  principals,  and  teachers  are  TO  enforce 
hereby  given   concurrent   power  with  peace  officers  for  the  disciPline- 
protection  of  children  on  the  way  to  and  from  school,  and 
for  the  enforcement  of  order  and  discipline  among  them. 

SEC.  4.  The  School  Trustees  may  direct  the  principals 
and  teachers  employed  by  them  to  exercise  such  powers  and 
authority  in  the  schools  as  the  Trustees  are  invested  with 
under  this  Act. 

SEC.  5.     Under  the  provisions  of  this  Act,  County  Boards  same 
of  Education  in  control  of  high  schools  shall  have  the  same  P°wers- 
powers  as  are  herein  given  to  School  Trustees. 


48 


SCHOOL   LAWS   OF   NEVADA. 


indigent 


SEC.  6.  The  School  Trustees  are  hereby  empowered  to  pay 
out  of  the  public  school  funds  any  expenses  incurred  by  them 
in  applying  section  two  of  this  Act  to  indigent  children. 

SEC.  7.     This  Act  shall  take  effect  upon  its  approval. 


DISSEMINATION     OF     KNOWLEDGE    RELATIVE    TO    PRESERVATION     OF 
SONG-BIRDS,  FISH   AND   GAME. 

An  Act  to  provide  for  the  dissemination  of  knowledge  in  the  pub- 
lic schools  relative  to  the  preservation  of  song-birds,  fish  and 
game. 

[Approved  March  12,  1901,  p.  56.] 

SECTION  1.  It  is  hereby  made  the  duty  of  each  and  every 
teacher  in  the  public  schools  of  this  State  to  give  oral  instruc- 
tion, at  least  once  a  month,  to  all  children  attending  such 
children  to  be  schools,  relative  to  the  preservation  of  song-birds,  fish  and 
game;  and  to  read  or  cause  to  be  read  to  such  children,  at 
^eas^  twice  during  each  school  year,  the  Fish  and  Game  Laws 
of  the  State  of  Nevada. 

SEC.  2.  No  teacher  shall  be  entitled  to  receive  any  portion 
Teachers  to  of  the  public  school  moneys  as  compensation  for  services, 
unless  such  teacher  shall  have  complied  with  the  provisions 
Of  this  Act. 

SEC.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


Teachers 


relative  to 


this  Act. 


Relating  to 


Fish  and 


appointed. 


warden  to 


FISH   AND   GAME. 

The  following  are  the  Fish  and  Game  Laws,  passed  by  the 
Legislature  of  1901,  which  teachers  are  required  to  read,  or 
cause  to  be  read,  to  their  schools: 

An  Act  to  prevent  the  unlawful  destruction  of  fish  and  game  ;  to 
provide  for  the  appointment  of  Fish  and  Game  Wardens  in  the 
several  counties  of  this  State,  and  to  define  their  duties  and 
compensation. 

[Approved  March  12,  1901,  p.  57.] 

SECTION  1.  It  is  hereby  made  the  duty  of  the  several  Boards 
of  County  Commissioners  in  this  State,  at  their  first  regular 
meeting  in  April,  nineteen  hundred  and  one,  and  annually 
thereafter,  upon  the  petition  of  twenty  or  more  resident  tax- 
payers, to  appoint  a  Fish  and  Game  Warden  for  their  respect- 
ive counties,  who  shall  reside  in  the  county  for  which  he  is 
appointed.  Each  Warden  so  appointed,  before  entering  upon 
the  duties  of  his  office,  shall  take  his  oath  of  office,  and  give 
an  undertaking  to  the  State  of  Nevada  for  the  use  of  the 
respective  counties  thereof,  with  two  or  more  sureties,  to  be 
approved  by  the  Board  of  County  Commissioners  condition- 
ally [conditioned]  for  the  faithful  performance  of  his  duties, 
and  in  such  sum  as  the  County  Commissioners  of  the  several 
counties  may  deem  sufficient  for  the  faithful  performance  of 


SCHOOL   LAWS   OF   NEVADA.  49 

the  duties  of  his  office  and  the  enforcement  of  the  require- 
ments of  this  Act. 

SEC.  2.     Said  Warden  is  hereby  empowered  [and  it  shall  warden  can 
be  his  duty]  to  enforce  the  State  laws  and  all  county  and  r 
municipal  ordinances  relative  to  the  protection  of  fish  and 
game;  and  he  shall  be  vested  with  the  power  to  make  arrests 
for  the  violation  of  such  laws  and  ordinances  in  any  county 
in  this  State;  to  appoint  a  deputy  or  deputies  who  shall  have  can  appoint 
power  to  transact  all  official  business  appertaining  to  said  dePuties- 
officer,  to  the  same  extent  as  their  principal;  provided,  that 
said  Warden  shall   be  responsible  for  the  compensation  of  Responsible 
such  deputy  or  deputies,  and  shall   be  responsible  on   his  ^tioTo^11" 
official  bond  for  all  malfeasance  or  nonfeasance  of  the  same,  deputies. 
Bonds  for  the  faithful  performance  of  the  duties  of  his  official 
deputy   or   deputies   may   be   required    of    said    deputy   or 
deputies  by  said  principal. 

SEC.  3.     Said  Fish  and  Game  Warden  shall  report  quar- TO  report 
terly  to  the  Board  of  County  Commissioners  of  his  county,  (i1iarterly- 
giving  a  detailed  statement  of  all  arrests  made,  convictions 
had,  fines  collected,  and  generally  in  regard  to  the  manage- 
ment of  his  office.     Such  officers  may  be  removed  by  the  can  be 
Board  of  County  Commissioners,  for  intemperance,  neglect  removed 
of  duty  or  other  good  and  sufficient  reasons. 

SEC.  4.     The  salary  of  said  Fish  and  Game  Wardens  shall  salary  of, 
be  fixed  by  the  County  Commissioners  of  the  various  counties  hc 
of  this  State  and   paid  out  of  the  General   Funds  of  their 
respective  counties. 

SEC.  5.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

An  Act  to  provide  for  the  preservation  of  fish  in  the  waters  of 

this  State,  and  matters  properly  relating  thereto. 

[Approved  March  28,  1901,  p.  119.] 

SECTION  1.     Every  person  who  places  or  allows  to  pass,  or  Preservation 
who  places  where  it  can  pass,  or  fall  into  or  upon  any  of  the  of  flsh- 
waters  of  this  State  at  any  time,  any  lime,  gas,  tar,  coculus 
indicus,  or  other  chemical,  sawdust,  shavings,  slabs,  edgings, 
mill  or  factory  refuse,  or  any  substance  deleterious  to  fish, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  is  punishable 
by  a  fine  of  not  less  than  two  hundred  and  fifty  nor  more  than  penalty, 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
in  the  county  in  which  the  conviction  shall  be  had,  for  not 
less  than  six  months  nor  more  than  one  year. 

SEC.  2.     All  persons,  firms,  companies,  associations  or  cor-  i)ams  and 
porations,  who  have  erected,  or  may  hereafter  erect,  all  dams,  obstructions, 
water  weirs,  or  other  obstruction  to  the  free  passage  of  fish 
in  the  rivers,  streams,  lakes  or  other  waters  of  the  State  of 
Nevada,  shall  construct  and  keep  in  repair,  to  the  satisfac- 
tion of  the  Fish  "Commissioner,  fish-ways  or  fish-ladders,  at 
all  dams,  water  weirs,  or  other  obstructions,  so  that,  at  all 

7 


50 


SCHOOL   LAWS   OF   NEVADA. 


Misdemeanor 
Penalty. 


Close  season. 


Unlawful  to 
buy  or  sell. 


Unlawful  for 
any  common 
carrier. 


Close  season. 


Fish  less  than 
six  inches. 


To  be  caught 
only  with 
hook  and 
line. 


Relating  to 
spawn. 


Willfully 
obstructing. 


seasons  of  the  year,  fish  may  ascend  above  such  dams,  water 
weirs,  or  other  obstructions,  and  it  shall  be  the  duty  of  the 
Fish  Commissioner  and  of  the  District  Attorneys  of  the  dif- 
ferent counties  of  the  State  of  Nevada  to,  so  far  as  practi- 
cable, enforce  the  requirements  of  this  section.  Any  person 
or  persons,  firm,  company,  association  or  corporation,  failing 
to  comply  with  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars. 

SEC.  3.  It  shall  not  be  lawful  for  any  person  or  persons  to 
take,  catch  or  kill  any  river,  lake  or  brook  trout  or  land- 
locked salmon  in  any  of  the  streams,  lakes,  rivers  or  other 
waters  within  this  State,  between  the  first  day  of  October  and 
the  first  day  of  April  of  the  succeeding  year. 

SEC.  4.  It  shall  not  be  lawful  for  any  person  or  persons 
to  have  in  his  or  their  possession  or  to  buy  or  sell,  or  offer  or 
expose  for  sale,  any  river,  lake  or  brook  trout,  or  land-locked 
salmon,  taken,  caught,  or  killed  in  any  rivers,  lakes,  streams 
or  other  waters  within  this  State  or  elsewhere,  between  the 
first  day  of  October  and  the  first  day  of  April  of  next  succeed- 
ing year. 

SEC.  5.  It  shall  not  be  lawful  for  any  common  carrier, 
express  company,  railroad  company,  or  any  other  corpora- 
tion or  person  to  ship  or  transport,  or  receive  for  shipment  or 
transportation,  any  river,  lake  or  brook  trout,  or  land-locked 
salmon  taken,  caught,  or  killed  in  any  streams,  lakes,  rivers, 
or  other  waters  of  this  State  between  the  first  day  of  October 
and  the  first  day  of  April  next  succeeding. 

SEC.  6.  Any  person  or  persons  who  shall  at  any  time  cap- 
ture the  young  of  any  species  of  trout  less  than  six  inches  in 
length  from  any  of  the  rivers,  lakes,  streams,  or  other  waters 
of  this  State  shall  return  the  same  to  the  water. 

SEC.  7.  It  shall  not  be  lawful  for  any  person  or  persons 
in  the  State  of  Nevada,  at  any  time,  to  take,  catch  or  kill 
any  river,  lake,  or  brook  trout,  or  land-locked  salmon  in  any 
rivers,  streams,  lakes,  or  other  waters  within  this  State  with 
any  seine,  net,  spear  or  grab  hooks,  or  by  means  of  any  set 
line,  set  hooks,  gill-net,  weir  fence,  basket,  trap,  giant  powder, 
or  any  explosive  compound,  or  with  or  by  means  of  any  other 
implement  or  substance,  or  in  any  manner  except  by  hook 
and  line. 

SEC.  8.  It  shall  not  be  lawful  for  any  person  or  persons  to 
take  any  spawn,  or  ova,  from  any  variety  of  trout,  or  from 
any  river,  stream  or  lake  or  other  waters  in  the  State  of 
Nevada,  without  having  first  obtained  a  written  permit  so  to 
do,  from  the  Fish  Commissioner  of  the  State  of  Nevada. 

SEC.  9.  Any  person  who  shall  willfully  or  knowingly 
destroy,  injure  or  obstruct  any  fish-way  or  fish-ladder,  or  any 
person  or  persons  who  shall  at  any  time  take  or  catch  any 
such  fish  in  any  manner  within  fifty  feet  of  such  fish-way  or 


SCHOOL    LAWS   OF    NEVADA. 


51 


fish-ladder,  which  is  required  by  law,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  Misdemeanor 
by  a  fine  of  not  less  than  twenty  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  nor  more  than  fifty  days,  or  by  both  such  fine  and 
imprisonment. 

SEC.  10.  Any  person  or  persons  violating  the  provisions  Misdemeanor 
of  sections  three,  four,  five,  six,  seven  or  eight  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  ten  nor  more  than  fifty  days, 
or  by  both  such  fine  and  imprisonment. 

SEC.  11.     It  shall  not  be  lawful  for  any  person  or  persons,  uniawMi^to 
comDany,  association,  or  corporation  to,  at  any  time,  trans-  nsifoutof 
port'or  offer  for  transportation  to  any  town  or  place  outside  st 
of    the   State,  any  lake,   river,  or    brook    trout    which    are 
intended  to  be  offered  for  sale;  and  any  person  who  shall  so 
transport,  offer   for   transportation   or   transport   any  lake, 
river  or  brook  trout  which  are  thereafter  offered  for  sale  or 
sold  at  any  place  outside  of  the  State,  or  are  offered  for  sale 
after  being  transported  outside  of  the  State,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  Misdemeanor 
in  a  sum  of  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  thirty  nor  more  than  one  hundred  and  fifty 
days,  or  by  both  such  fine  and  imprisonment. 

SEC.  12.     One-half  of  any  fine  collected  under  the   pro-  ^gjjted 
visions  of  this  Act  shall  be  paid  to  the  person  who  shall  fur-  how^plid. 
nish  the  information  leading  to  the  conviction  and  one-half 
to  the  officer  making  the  arrest. 

SEC.  13.     All  Acts  or  parts  of  Acts  in  conflict  herewith  are 
hereby  repealed. 

An  Act  to  provide  for  the  protection  and  preservation  of  different 
species  of  wild  game,  and  to  repeal  all  Acts  and  parts  of  Acts 
in  conflict  therewith. 

[Approved  March  28,  1901,  p.  121.] 

SECTION  1.     It  shall  be  unlawful  for  any  person  or  persons,  Preservation 
firm,  company,   corporation   or   association,   to   kill,   catch,  of  Wlld  game* 
destroy,  wound,  snare,  trap,  injure,  or  pursue  with  intent  to 
catch,  capture,  injure,  or  destroy,  any  blue-bird,  blue-jay, 
martin,  thrush,  mocking-bird,  swallow,  wren,  yellow-hammer, 
meadow-lark,  oriole,  humming-bird,  swan,  or  any  insectivo- 
rous, plume,  or  song  bird   (except  black-birds)  within  this 
State. 

SEC.  2.     It  shall  be  unlawful  for  any  person  or  persons,  Keiatin*  to 
firm,  company,  corporation  or  association,  to  kill,  destroy,  Pheasants- 
wound,  trap,  net,  pound,  weir,  injure  or  pursue  with  intent 
to  kill,  capture,  injure  or  destroy  any  pheasant  within  this 


52 


SCHOOL    LAWS   OF   NEVADA. 


Close  season 
for  sagebirds. 


For  doves. 


Grouse  and 

mountain 

quail. 


Geese,  ducks, 
valley  quail, 
snipe,  etc. 


Unlawful  to 
buy  or  sell 


Unlawful  to 
destroy  or 
remove  nests 
or  eggs. 


No  larger 
than  No.  10 
shot-gun 
to  be  used. 


Deer  and 
antelope. 


State  before  the  first  day  of  September,  A.  D.  one  thousand 
nine  hundred  and  six  (1906). 

SEC.  3.  It  shall  be  unlawful  for  any  person  or  persons, 
firm,  company,  corporation  or  association,  after  the  first  day 
of  March  and  before  the  first  day  of  July  of  each  and  every 
year,  to  kill,  catch,  trap,  cage,  weir,  destroy,  or  pursue  with 
intent  to  catch,  capture,  injure  or  destroy,  any  sagecock,  or 
sagehen  within  this  State. 

SEC.  4.  It  shall  be  unlawful  for  any  person  or  persons, 
firm,  company,  corporation  or  association,  at  any  time  after 
the  first  day  of  November  of  each  and  every  year  and  before 
the  fifteenth  day  of  July  following,  to  kill,  cage,  trap,  catch, 
destroy,  or  pursue  with  intent  to  catch,  destroy,  capture  or 
injure  any  dove  or  doves  within  this  State. 

SEC.  5.  It  shall  be  unlawful  for  any  person  or  persons, 
firm,  company,  corporation  or  association,  within  this  State, 
to  kill,  catch,  trap,  net,  pound,  weir,  wound,  or  pursue  with 
intent  to  catch,  capture,  injure  or  destroy,  any  grouse  or 
mountain  quail,  before  the  first  day  of  September,  A.  D. 
nineteen  hundred  and  three  (1903).  This  section  applies 
only  to  counties  polling  less  than  nineteen  hundred  votes. 
'  SEC.  6.  It  shall  be  unlawful  for  any  person  or  persons, 
firm,  company,  corporation  or  association  at  any  time  after 
the  fifteenth  day  of  March  and  before  the  first  day  of  Sep- 
tember of  each  and  every  year,  to  kill,  catch,  net,  cage,  pound, 
weir,  trap  or  pursue  with  intent  to  catch,  capture,  injure  or 
destroy,  any  wild  goose,  wild  duck,  sandhill  crane,  wind  hen, 
plover,  curlew,  snipe,  wood-cock,  valley  quail,  prairie  chicken 
or  bittern  within  this  State. 

SEC.  7.  It  shall  be  unlawful  at  any  time  of  the  year  for 
any  person  or  persons,  firm,  company,  tavern  or  hotel  keeper, 
restaurant,  or  eating-house  keeper,  butcher,  market  man,  or 
cold  storage  company  to  buy,  sell,  expose  or  offer  for  sale,  or 
have  in  his  or  their  possession  for  the  purpose  of  sale,  barter, 
exchange  or  trade,  any  dove,  sagehen,  prarie  chicken,  grouse, 
quail,  pheasant,  wild  duck,  wild  goose,  woodcock,  sandhill 
crane,  snipe,  curlew,  plover  or  bittern. 

SEC.  8.  It  shall  be  unlawful  at  any  and  all  times  of  the 
year  for  any  person  or  persons,  firm,  company,  corporation, 
or  association  to  destroy,  injure,  or  remove  the  nest  or  eggs 
of  any  of  the  birds  mentioned  in  this  Act. 

SEC.  9.  It  shall  be  unlawful  in  this  State  for  any  person 
or  persons  to  use  at  any  time  a  shot-gun  of  a  larger  caliber 
than  that  commonly  known  and  designated  as  a  number  ten 
gauge. 

SEC.  10.  It  shall  be  unlawful  for  any  person  or  persons  to 
kill  at  any  time  any  deer  or  antelope  until  the  expiration  of 
two  years  after  this'law  shall  take  effect,  and  thereafter  a  per- 
son may  kill  not  to  exceed  two  male  deer  or  two  male  ante- 
lope, between  the  first  day  of  September  and  the  first  day  of 
November. 


SCHOOL   LAWS   OF   NEVADA.  53 

SEC.  11.     It  shall  be  unlawful  for  any  person  or  persons,  unlawful  to 
firm,  company,  corporation,  or  association  at   any  and    all  deer°orbuy 
times  of  the  year  to  sell,  buy,  offer,  or  expose  for  sale,  trans-  antelope, 
port,  or  carry,  or  have  in  his  or  their  possession  any  deer  or 
antelope,  or  any  deer  or  antelope  skin  or  hide  from  which  the 
evidence  of  sex  has  been  removed. 

SEC.  12.     It  shall  be  unlawful  for  any  person  or  .persons  at  uniaw*«ito 
any  and  all  times  of  the  year  to  kill,  hunt,  pursue,  take,  trap,  game  oT 
destroy,  transport,  carry  or  have  in  his  or  their  possession  certa 
any  female  deer  or  fawn,  female  antelope  or  fawn,  male  or 
female  caribou  or  fawn,  male  or  female  elk  or  calf,  male  or 
female  mountain  sheep  or  lamb,  male  or  female  mountain 
goat  or  kid. 

SEC.  13.     It  shall  be  unlawful  in  this  State  at  any  and  all  Pjwfcwexjr 
times  of   the  year  for  any  firm,  company,  tavern  or   hotel  hides  of  deer! 
keeper,  restaurant  or  eating-house  keeper,  butcher,  market 
man,  cold  storage  company  or  any  person  or  persons  to  buy, 
sell,  expose  or  offer  for  sale  or  have  in  his  or  their  possession 
for  the  purpose  of  sale,  barter,  exchange  or  trade,  the  meat, 
skin,  hide,  horns  or  carcass,  of  any  deer,  antelope,  elk,  caribou, 
mountain  sheep  or  mountain  goat. 

SEC.  14.     It  shall  be  unlawful  for  any  person  or  persons,  unlawful  to 

-,  ..  •    i»  i        -M  use  hounds  in 

firm,  company,  corporation  or  association  at   any  and    all  pursuit  of 
times  of  the  year  to  hunt,  chase,  pursue,  run,  catch  or  kill  deer>elk'etc- 
any  deer,  antelope,  caribou,  elk,  mountain  sheep  or  moun- 
tain goat,  with  or  by  the  use  or  aid  of  any  hound  or  hounds. 

SEC.  15.     It  shall  be  unlawful  for  any  person  or  persons,  unlawful  to 
firm,  company,  corporation  or  association  within  this  State  have  wiid°r 
to  have  in  his  or  their  possession,  or  to  sell,  buy,  transport  or  same- 
give  away,  or  offer,  or  expose  for  sale,  or  purchase  from  any 
person  whomsoever,  either  Indians  or  other  persons,  any  of 
the  birds,  wild  game  or  animals,  mentioned  in  this  Act  dur- 
ing the  season  wherein  the  killing,  injuring,  pursuing,  net- 
ting, trapping,   pounding,  weiring,   caging,   selling,   buying 
transporting,  giving  away,  offering  or  exposing  for  sale,  or 
having  in  his  or  their  possession  is  herein  prohibited;  pro-  proviso. 
videdj  that  nothing  in  this  Act  shall  be  so  construed  as  to 
prohibit  any  resident  person  or  persons,  firm,  company,  cor- 
poration or  association  from  taking  (upon  a  written  permit 
from  the  Governor  of  the  State)  any  bird,  fowl  or  animal  for 
the  purpose  of  propagation  or  domestication  or  scientific  pur- 
poses. 

SEC.  16.     It  shall  be  unlawful  for  any  person  or  persons,  Beaver  and 
firm,  company,   corporation,  or   association,  to   catch,   kill.  °1 
destroy,  trap,  net,  weir,  or  cage  any  beaver  or  otter  within 
this  State  before  the  first  day  of  April,  A.  D.  one  thousand 
nine  hundred  and  ten  (1910). 

SEC.  17.     Any  person  or  persons,  firm,  company,  corpora-  Misdemeanor 
tion  or  association,  or  common  carrier,  violating  any  of  the 
provisions  of   this  Act  shall   be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  be  fined  in  any  sum  punishment. 


54 


SCHOOL    LAWS   OF    NEVADA. 


Tortation 
companies 


when. 


one-halt  of 
informer. 


not  less  than  twenty-five  ($25)  dollars  nor  more  than  two 
hundred  ($200)  dollars,  or  imprisonment  in  the  county  jail 
of  the  county  in  which  said  conviction  is  had,  for  any  term 
not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment. (It  shall  be  no  defense  in  the  prosecution  for  the 
violation  of  any  of  the  provisions  of  this  Act,  that  the 
animals  or  birds  were  taken  or  killed  outside  the  State  of 
Nevada.) 

SEC.  18.  Every  railroad  company,  express  company, 
transportation  company  or  other  common  carrier,  their 
officers,  agents  and  servants,  and  every  other  person  who 
shall  transport,  carry  or  take  out  of  this  State,  or  who  shall 
receive  for  the  purpose  of  transporting  from  this  State  any 
deer,  buck,  doe  or  fawn  or  any  mountain  sheep  or  antelope, 
or  any  quail,  sage,  chicken,  prairie  chicken,  grouse,  dove, 
wild  duck  or  goose,  or  the  hide,  horns,  of  any  wild  animals 
or  the  plumage  of  any  wild  birds  (dead  or  alive)  shall  be 
guilty  of  a  misdemeanor. 

SEC.  19.  Any  person  giving  information  which  leads  to 
the  conviction  of  any  person  or  persons  for  violating  any  of 
the  provisions  of  this  Act,  shall,  upon  the  conviction  of  such 
person  or  persons,  be  entitled  to  receive  one-half  of  the  fine 
paid  or  collected  from  the  person  or  persons  upon  whom  such 
fine  was  imposed. 

SEC.  20.  All  Acts  and  parts  of  Acts  heretofore  [passed]  and 
in  conflict  with  the  provisions  of  this  Act  are  hereby  repealed. 


CONSTITUTION  OF  NEVADA. 


ARTICLE   XL 

EDUCATION. 

SECTION  1.     The  Legislature  shall  encourage,  by  all  suit- 
able  means,  the  promotion  of  intellectual,  literary,  scientific, 
mining,  mechanical,  agricultural  and  moral  improvements; 
and  also  provide  for  the  election  by  the  people,  at  the  gen- 
eral election,  of  a  Superintendent  of  Public  Instruction,  whose 
term  of  office  shall  be  two  years  from  the  first  Monday  of  Term  of 
January,  A.  D.  eighteen  hundred  and  sixty  five,  and  until  office- 
the   election   and  qualification  of   his  successor,  and  whose 
duties  shall  be  prescribed  by  law. 

SEC.  2.     The  Legislature  shall  provide  for  a  uniform  sys-  system  to  be 
tern  of  common  schools,  by  which  a  school  shall  be  estab-  U1 
lished  and  maintained  in  each  school  district   at  least  six 
months  in  every  year;  and  any  school  district  neglecting  to 
establish  and  maintain  such  a  school,  or  shall  allow  instruc- 
tion of  a  sectarian  character  therein,  may  be  deprived  of  its 
proportion  of  the  interest  of  the  public  school  fund  during 
such  neglect  or  infraction ;  and  the  Legislature  may  pass  such 
laws  as  will  tend  to  secure  a  general  attendance  of  the  chil- 
dren in  each  school  district  upon  said  public  schools. 

SEC.  3.     All  lands,  including  the  sixteenth  and  thirty-sixth  Lands  and 
sections  in  any  township  donated  for  the  benefit  of   public  p^dled  to 
schools  in  the  Act  of  the  Thirty -eighth  Congress,  to  enable  educational 
the  people  of  Nevada  Territory  to  form  a  State  Government,  pl 
the  thirty  thousand  acres  of  public  lands  granted  by  an  Act 
of  Congress,  approved  July  second,  A.  D.  eighteen  hundred 
and  sixty-two,  for  each  Senator  and  Representative  in  Con- 
gress, and  all  proceeds  of  lands  that  have  been  or  may  here- 
after be  granted  or  appropriated  by  the  United  States  to  this 
State,  and   also  the  five   hundred    thousand   acres   of   land 
granted  to  the  new  States  under  the  Act  of  Congress  distrib- 
uting the  proceeds  of   the  public  lands   among   the  several 
States  of   the  Union,  approved  A.  D.  eighteen  hundred  and 
forty-one;    provided,   that  Congress   make   provision   for   or 
authorize  such  diversion  to  be. made  for  the  purpose  herein 
contained;  all  estates  that  may  escheat  to  the  State;  all  of  such  Escheated 
per  centum  as  maybe  granted  by  .Congress  on  the  sale  of  fl8^68  and 
lands;  all  fines  collected  under  the  penal  laws  of  the  State;  pledged  to 
all  property  given  or  bequeathed  to  the  State  for  educational 
purposes,  and  all  proceeds  derived  from  any  or  all  of  said 


56 


SCHOOL   LAWS   OF  NEVADA. 


interest  only 


Maybe 

foprpstateated 
university. 

university. 


Normal 


Special  tax 

JSittSS 

purposes. 


Boardof 


Dutiesot 


sources,  shall  be  and  the  same  are  hereby  solemnly  pledged 
for  educational  purposes,  and  shall  not  be  transferred  to  any 
other  fund  for  other  uses;  and  the  interest  thereon  shall, 
from  time  to  time,  be  apportioned  among  the  several  counties 
as  the  Legislature  may  provide  by  law;  and  the  Legislature 
shall  provide  for  the  sale  of  floating  land  warrants  to  cover 
the  aforesaid  lands,  and  for  the  investment  of  all  proceeds 
derived  from  any  of  the  above-mentioned  sources,  in  United 
States  bonds,  or  the  bonds  of  this  State,  or  the  bonds  of  other 
States  of  the  Union  ;  provided,  that  the  interest  only  of  the 
aforesaid  proceeds  shall  be  used  for  educational  purposes, 
and  any  surplus  interest  shall  be  added  to  the  principal  sum; 
and  provided,  further,  that  such  portions  of  said  interest  as 
may  be  necessary  may  be  appropriated  for  the  support  of  the 
State  University.  [As  amended—  Fifth  Amendment.] 

SEC.  4.  The  Legislature  shall  provide  for  the  establish- 
ment  of  a  State  University,  which  shall  embrace  departments 
for  agriculture,  mechanic  arts,  and  mining,  to  be  controlled 
by  a  Board  of  Regents,  whose  duties  shall  be  prescribed  by 
law. 

SEC.  5.  The  Legislature  shall  have  power  to  establish 
normal  schools,  and  such  different  grades  of  schools,  from 
the  primary  department  to  the  University,  as  in  their  discre- 
tion they  may  deem  necessary,  and  all  professors  in  said 
University,  or  teachers  in  said  schools,  of  whatever  grade, 
shall  be  required  to  take  and  subscribe  to  the  oath  as  pre- 
scribed in  Article  XV  of  this  Constitution.  No  professor  or 
teacher  who  fails  to  comply  with  the  provisions  of  this  sec- 
tion shall  be  entitled  to  receive  any  portion  of  the  public 
moneys  set  apart  for  school  purposes. 

SEC.  6.  The  Legislature  shall  provide  a  special  tax,  which 
shall  not  exceed  two  mills  on  the  dollar  of  all  taxable  property 
in  the  State>  in  addition  to  the  other  means  provided  for  the 
support  and  maintenance  of  said  University  and  common 
schools.  [As  amended  —  Sixth  Amendment.] 

SEC.  7.  The  Governor,  Secretary  of  State  and  Superin- 
teiident  of  Public  Instruction  shall,  for  the  first  four  years, 
and  until  their  successors  are  elected  and  qualified,  constitute 
a  Board  of  Regents,  to  control  and  manage  the  affairs  of  the 
University  and  the  funds  of  the  same,  under  such  regulations 
as  may  be  provided  by  law.  But  the  Legislature  shall,  at  its 
regular  session  next  preceding  the  expiration  of  the  term  of 
office  of  saicl  Board  of  Regents,  provide  for  the  election  of  a 
new  Board  of  Regents,  and  define  their  duties. 

SEC.  8.  The  Board  of  Regents  shall,  from  the  interest  accru- 
ing  from  the  first  funds  which  come  under  their  control, 
immediately  organize  and  maintain  the  said  mining  depart- 
ment in  such  manner  as  to  make  it  the  most  effective  and 
useful;  provided,  that  all  the  proceeds  of  the  public  lands 
donated  by  Act  of  Congress,  approved  July  second,  A.  D. 
eighteen  hundred  and  sixty-two,  for  a  college  for  the  benefit 


SCHOOL    LAWS   OF   NEVADA.  57 

of  agriculture,  the  mechanic  arts,  and  including  military 
tactics,  shall  be  invested  by  the  said  Board  of  Regents  in  a 
separate  fund,  to  be  appropriated  exclusively  for  the  benefit 
of  the  first  named  departments  of  the  University,  as  set  forth 
in  section  four  above;  and  the  Legislature  shall  provide  that, 
if  through  neglect  or  any  other  contingency,  any  portion  of 
the  fund  so  set  apart  shall  be  lost  or  misappropriated,  the 
State  of  Nevada  shall  replace  said  amount  so  lost  or  misap- 
propriated in  said  fund,  so  that  the  principal  of  said  fund 
shall  remain  forever  undiminished. 

SEC.  9.     No   sectarian   instruction   shall   be   imparted  or  sectarianism 
tolerated  in  any  school  or  university  that  may  be  established  pro 
under  this  Constitution. 

SEC.  10.     No  public  funds  of  any  kind  or  character  what-  NO  funds  for 
ever,  State,  county  or  municipal,  shall  be  used  for  sectarian 
purposes.     [Added  by  Second  Amendment.] 


INDEX  TO  SCHOOL  LAWS. 


ARBOR   DAY—  Page.    Section. 

Established 31 

AUDITOR,  COUNTY— 

To  draw  warrant 10  2 

Shall  enter  tax,  when 21  11 

Tax  to  enter,  when. 35  10 

BOARD  OF  EDUCATION,  STATE— 

Officers  of. _. ___  6  4 

Powers  and  duties 5  4 

Recommend  text  books 5  4 

Alcoholic  stimulants,  reference  to 5  4 

Prescribe  rules  for  examinations 5  4 

Adopt  course  of  study 5  4 

Recommend  books  for  libraries 5  4 

Grant  certificates 5  4 

Temporary  certificates,  to  grant,  when 6  4 

Revoke  certificates  and  diplomas 6  4 

Printing  _ _.  6  4 

Official  seal- _ — 6  4 

Proceedings  published 6  4 

State  educational  diplomas 6  4 

Life  diplomas,  to  grant 6  4 

Graduates  of  State  Normal  School,  certificates  for 6  4 

Grammar  grade  life  diploma 7  4 

Appellate  jurisdiction __ 7  4 

Prescribe  studies  for  examination 7  4 

Renew  and  make  valid  certificates 7  4 

Grant  State  certificate  on  credentials 7  4 

Life  diplomas  to  certain  graduates 7  4 

Teachers'  examination,  direction  of ___  24  1 

Examination  questions,  to  prepare - 1 24  2 

Certificates  made  valid,  when 24  4 

Certificates  made  valid  by,  must  be  accepted 23  1 

Shall  cancel  certificates,  when 25  4 

Life  diplomas,  to  grant 26  1 

Educational  diplomas 26  3 

Life  diplomas  to  certain  graduates 27  4,  7 

Duty  of,  in  relation  to  School  Fund 37  14 

Opinion  of  Attorney-General,  required 37  14 

Graduates  of  University,  certificates  for 41  7 

BOARD  OF  EDUCATION,  COUNTY— 

Established __ _ 38  1 

Members  appointed,  how .« 38  6 

May  rent  room  for  High  School 38  3 

High  School  building  to  be  deeded  to ___ 38  5 

Duties  of 39  7 

9 


60  INDEX    TO    SCHOOL   LAWS. 

BOARD  OF  EDUCATION,  COUNTY  (Continued) —  Page.    Section. 

County  Superintendent  to  appoint  members 23  1 

Certificates,  to  grant M. 23  1 

Certificates,  may  renew . 23  1 

Governed  by  rules  of  State  Board 23  1 

Examinations,  when  held 24  1 

Directions,  to  follow 24  2 

To  grade  papers 24  3 

To  preserve  papers 24  3 

Pay  of 25  6 

Certificates,  not  to  renew  certain ___  26  7 

BOARD  OF  VISITORS  OF  UNIVERSITY— 

How  composed 44  1 

Term  of  office 44  1 

Who  shall  act _ __.  44  2 

Duties  of  __— __ _  44  3 

President  of  University  shall  notify  _._ 44  4 

No  compensation 44  5 

CENSUS  MARSHAL— 

When  to  take  census 22  1 

Duties  of___ — _ _ 22  3,  4 

County  Superintendent  may  appoint,  when „__  22  3 

Who  to  include 22  4 

Who  not  to  include— 23  5 

Compensation  of 22  6 

Neglect  of  duty,  penalty  for_._ __ __  23  7 

Must  not  take  Indian  children 23  8 

Penalty  for  violation  of  Act 23  9 

CERTIFICATES,  COUNTY— 

Made  valid  in  all  counties 24  4 

Shall  be  accepted  in  all  counties,  when 23  1 

Necessary  to  draw  public  money 13  5 

Grades  of 23  1 

Revoked. 7  4 

Canceled,  when 25  4 

May  be  renewed 1 26  7 

Age,  qualification  for 26  5 

Primary,  not  to  be  renewed. - -—  26  7 

State,  to  whom  issued  _ -  7  4 

Issued  without  examination 7  4 

Issued  to  graduates 42  7 

See  Examinations;  also,  Board  of  Examination. 

COMPULSORY  EDUCATION- 

Who  affected - - 32  1 

Trustees,  duty  of,  regarding - 32 

Penalty  for  non-compliance 33 

COUNTY  SUPERINTENDENT  OF  SCHOOLS— 

District  Attorney,  ex  officio 9  1 

To  apportion  school  money 9 

Draw  orders  on  County  Auditor 10 

When  not  to  draw  orders, __ 10 

Bills  rejected  by  County  Superintendent,  how  audited 10 

Must  visit  schools , 10 

Distribute  blanks 10 

Must  make  annual  report 11 


INDEX  TO  SCHOOL  LAWS.  61 

COUNTY  SUPERINTENDENT  OF  SCHOOLS  (Continued)—  Page.    Section. 

County  Institutes,  to  preside  over 11  3 

County  Institutes,  power  to  call 29  4 

Appoint  School  Trustees 11  3 

Penalty  for  failing  to  make  report 11  4 

Deputy  may  appoint 11  5 

Must  attend  office,  when  . 11  5 

To  designate  school  house,  when ,_ 12  3 

Joint  Districts,  to  apportion  money 13  3 

To  approve  plans  of  school  houses... 17  2 

Out  houses,  to  supply,  when 17  2 

May  appoint  Census  Marshal,  when 22 

Duty  in  relation  to  Census  Marshal 23  9 

Appoint  Board  of  Examination 23  1 

Care  of  examination  questions 24  2 

Examination  papers,  to  preserve 24  3 

Examination  papers,  to  forward «_ 24  4 

Member  County  Board  of  Education 39  6 

COUNTY  COMMISSIONERS— 

Audit  bills  on  School  Fund,  when 10  2 

Enforce  penalty  against  County  Superintendent,  when ._ _  11  4 

Create,  change  and  abolish  school  districts 12  2 

Appoint  Trustees  of  joint  districts 13  2 

Levy  special  tax,  when 20  10 

Audit  pay  of  Census  Marshal 22  6 

Authorize  County  Institute 29  4 

Deaf,  dumb  and  blind,  duty  in  relation  to 31  2 

Deaf,  dumb  and  blind,  furnish  transportation  for 32  3 

Levy  school  tax 35  8 

Enforce  penalty  against  County  Treasurer,  when 36  11 

Election  for  County  High  School,  to  call,  when 37  2 

To  locate  County  High  School 38  3 

To  deed  High  School  over  to 38  5 

To  appoint  members  of  Board  of  Education —  38  6 

Levy  High  School  tax 39  8 

DIPLOMAS— 

State  Board  to  grant 6  4 

Educational,  to  whom  granted .'.  26  3 

Life,  to  and  by  whom  granted 26  1 

Life,  to  and  by  whom  granted 27  4 

Life,  to  and  by  whom  granted 27  5 

Life,  to  and  by  whom  granted 27  6 

Life,  to  and  by  whom  granted 27  7 

Life,  to  and  by  whom  granted 41  7 

Life,  grade  of _  26  2 

Life,  grade  of 27  6 

Accepted  in  all  schools 26  2 

Accepted  in  all  schools 26  3 

Accepted  in  all  schools 27  4 

State  Board  to  grant 42  7 

DISSEMINATION  OF  KNOWLEDGE  RELATIVE  TO  SONG-BIRDS, 
FISH  AND  GAME— 

Duty  of  teacher 48  1 

Children,  to  be  instructed  in 48  1 

Teachers,  to  comply  with  Act _ 48  2 


62  INDEX    TO    SCHOOL    LAWS. 

DEAF,  DUMB  AND  BLIND—  Page.    Section. 

Education  of ___  31  1 

Application  for  education,  how  made 31  2 

Who  to  be  educated _ 32  3 

Transportation  of 32  3 

ELECTION  OF  SCHOOL  TRUSTEES— 

When  held 13  1 

Take  office,  when 13  1 

Trustees  appointed  when  not  elected 13  2 

Appointment  of  Judges  and  Inspectors 14  3 

Trustees  to  post  notices  of 14  5 

Who  may  vote  at 14  6 

Clerk  of  Board  to  register  voters 14  7 

Oath  of  voter 14  7 

Voter  must  be  registered 14  8 

Trustees  may  employ  Clerk,  when 15  9 

Ballots  at  election  of : 15      12, 14 

How  to  vote  at  election  of_ _ 15      13, 16 

Ballot  not  to  be  shown 16  15 

Challenge  of  voter _—  16  17 

Candidates  in  certain  districts 16  18 

EXAMINATION,  TEACHERS'— 

Time  of. _.._ 24  1 

Questions  for 24  2 

Order  of  questions 24 

Percentage  to  attain 24  3 

Subjects  required 25 

Subjects  required  when  applying  for  higher  certificate 25  4 

See  Board  of  Examination. 

FISH  AND  GAME  LAWS— 

Act  relating  to  fish 48 

Act  relating  to  game 49 

HIGH  SCHOOL,  COUNTY— 

Established,  how 37  1 

Petition  for  establishing 37 

Election  for  establishing,  how  called 37 

How  located  and  built 38  3 

Tax  for 4 

Supported,  how 39 

Governed,  how 39  7 

Course  of  study  in 39  7 

Who  admitted 39  9 

INSTITUTE,  TEACHERS'— 

State,  when  held 

How  called  and  conducted 1 

Purpose  of 

Teachers  must  attend 29 

Teachers  receive  salary  while  attending 

County,  how  called 

Costof  County . 29  4 

LIBRARY  LAWS— 

Establishment  of  free  public  libraries 45 

Tax  levy - 

Library  fund 1 

State  Board  of  Education  to  name  Library  Trustees 46 


INDEX  TO  SCHOOL  LAWS.  63 

LIBRARY  LAWS  (Continued)—  Page.    Section. 

No  compensation 46  2 

Library  Trustees,  powers  of 46  3 

Manner  of  paying  claims — .  46  4 

Library  and  rooms  to  be  free 47  5 

NORMAL  SCHOOL,  STATE— 

Established  in  University 39  1 

Graduates  to  receive  certificates 6  4 

Graduates  to  receive  life  diplomas 27  5 

Graduates  to  receive  certificates  and  diplomas 42  7 

Graduates,  obligation  of_ _  42  7 

Diplomas  may  be  revoked 42  7 

REGENTS  OF  STATE  UNIVERSITY— 

Election  of 40  2 

Powers  and  duties  of 40  3 

May  employ  Clerk 41  4 

To  grant  diplomas 41  7 

SCHOOL— 

Property,  exemption  of 30  6 

House,  injury  to,  penalty  for 30  1 

Disturbance  of,  penalty  for _ _ _  30  2 

Children,  protection  of ._ 30  1 

Sectarian  literature  and  instruction,  prohibited  in 30  5 

SECTARIANISM- 

Prohibited  (Constitution )  _ 57  9 

SCHOOL  DISTRICT— 

Must  use  State  series  of  text  books 5  4 

No  change  to  be  made  in 47  2 

Created,  changed  and  abolished,  how 12  2 

Size  of 12  2 

One  school  to  receive  public  money 12  3 

Children,  necessary  to  draw  money  ___ _ 12  4 

Time  school  must  be  maintained  in 12  5 

Teacher  must  be  qualified 13  5 

When  divided,  money  apportioned,  how.-- 13  5 

Joint,  how  established 13  5 

Trustees  of  joint  districts 13  2 

SCHOOL  FUNDS,  STATE— 

Irreducible,  what  constitutes 34  1 

Not  to  be  used  for  sectarian  purposes 34  2 

Apportioned,  how  and  when 8  2 

How  drawn  from  treasury 8  2 

How  drawn  from  treasury 34  4 

How  used 34  3 

State  Treasurer,  custodian  of  securities 36  12 

Controller  to  keep  separate  account 35  6 

Controller  to  make  statement 35  7 

Controller,  duty  of,  in  relation  to 37  14 

School  tax  levied 35       8,  10 

Percentage  of  State  tax  set  apart 36  11 

Board  of  Education  shall  invest 37  14 

Constitutional  provisions 55 

SCHOOL  FUNDS,  COUNTY— 

Apportioned,  how 9  2 

Paid  out,  how 10  2 


64  INDEX    TO    SCHOOL    LAWS. 

SCHOOL  FUNDS,  COUNTY  (Continued) —  Pa^e.    Section. 

New  districts  to  share  funds  of  old 13  5 

Apportioned  to  joint  districts,  how 13  3 

May  be  used,  how 20  9 

County  Treasurer  to  receive 36  12 

County  Treasurer  to  pay  out 36  12 

SCHOOL  TRUSTEES— 

Amplifying  powers  of  Board  of 47  1 

Sanitary  regulations,  to  enforce 47  2 

Discipline,  to  enforce 47  3 

Indigent  children 47  6 

See  Trustees  of  School  Districts;  also,  Election  of  School  Trustees. 

SCHOOL  MONTH— 

Length  of_ 29  4 

STATE  CONSTITUTION— 

Article  XI_ 55 

SCHOOL  YEAR— 

Denned __._ _ 29  1 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Election  of. 7  1 

Apportion  school  money ___      7  2 

Report  to  Governor 8  3 

Blank  forms  and  registers,  to  furnish 8  4 

Compile  and  distribute  school  laws 9  4 

Visit  counties— __1 9  5 

Examination  questions,  to  forward 24 

Examination  papers,  to  inspect 24  4 

Visit  University 43  11 

TAXES— 

Election  for  voting  ___ _ 20  10 

Duty  of  County  Commissioners 20  10 

When  due 21  10 

Constitute  lien ___ 21  10 

Duty  of  County  Auditor 21  11 

To  establish  County  High  School 38  4 

For  maintaining  County  High  School 39  8 

Constitutional  provisions 55 

TEACHERS— 

Qualifications  of. _ 27  1 

Oath,  to  take 27 

Register,  to  keep 28 

See  Institute,  Certificates,  Examinations;  also,  Board  of  Examination. 

TEXT  BOOKS— 

Recommended  by  State  Board 5  4 

Districts,  must  use 5 

Changed,  how  often 47  2 

TRUSTEES  OF  SCHOOL  DISTRICT— 

Appointed  by  County  Superintendent,  when 11 

Election  of—., ___._ -  13  1 

Clerk  to  appoint,  pay  of,  etc. 17  1 

Duties  of,  defined 17 

Members  not  to  be  interested  in  contracts  of  (exception) 17 

To  cause  school  census  to  be  taken 18  4 

To  make  report 18  4 


INDEX   TO   SCHOOL   JLAWS. 


TRUSTEES  OF  SCHOOL  DISTRICT  (Continued)— 


65 


Section. 


Employ  and  dismiss  teachers 18  5 

Powers  and  duties  of— __  18  6 

Suspend  or  expel  pupils 19  6 

Apportion  money 19  6 

May  unite  contiguous  districts 19  7 

Transfer  pupils  and  money 19  7 

Must  keep  school  six  months 20  8 

Money,  how  to  use _ __  20  9 

Taxes,  election  called  on 20  10 

Rate  bills  of  tuition _._ _ _ 21  13 

Duty  of  in  relation  to  compulsory  law 32  2 

To  furnish  books  and  stationery ^ 33  4 

TREASURER,  COUNTY— 

Receive  school  money. _  36  12 

Notify  County  Superintendent. _ ___ 36  12 

Pay  out  school  money,  how — 36  12 

Report  to  Superintendent  of  Public  Instruction,  what 36  12 

Failure  to  report,  penalty 36  12 

TREASURER,  STATE— 

Pay  over  school  funds 34  4 

Custodian  of  securities _ 36  12 

Cut  coupons,  when 36  13 

Purchase  bonds,  when ___ _  37  14 

UNIVERSITY,  STATE— 

Graduates  to  receive  certificates __.  5  4 

Graduates  to  receive  life  diplomas 27  7 

Normal  department  of 39  1 

Regents  of, 40  2 

President  of 40  3 

President  must  report 41  6 

Diplomas,  how  issued __ __ _  41  7 

Graduates  to  receive  State  certificates 41  7 

Who  admitted... 43  9 

Superintendent  of  Public  Instruction  to  visit _ 43  11 

Ores  to  be  analyzed  at ; 43  1 

Assays  to  be  made 1 43  4 

Board  of  Visitors  of_._                                                                               .  44 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


